Ashish Jayantilal Shah v. Jayantilal Hargovandas Shah (Deceased)

27-IA-1173-2025.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1173 OF 2025 IN TESTAMENTARY PETITION NO.868 OF 2021 Ashish Jayantilal Shah ] Applicant Jayantilal Hargovandas Shah ] Deceased Shobhaben Jayantilal Shah ] Petitioner .....

Mr. Sameer Logade, for Applicant.

.....

CORAM : ARIF S. DOCTOR, J.

th APRIL, 2025.

DATE : 29 P.C:

1.

This Court vide an order dated 4 th August, 2021 granted Letters of Administration in respect of properties and credits of one Jayantilal Hargovandas Shah (the deceased) to the petitioner viz: Shobhaben Jayantilal Shah. The present Interim Application has ben taken out seeking post grant amendment essentially for two purposes (i) impleadment of the applicant in place and stead of the original petitioner who has passed away; (ii) additionally Learned Counsel seeks an amendment to schedule of the assets of the deceased seeking addition of the PPF account in the name of the deceased. Learned SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2025.05.02 10:17:10 +0530

27-IA-1173-2025.doc Counsel places reliance on the death certificate of the original petitioner.

2.

Having due regard to the submissions made, basis the material on record, the applicant has made out a case for grant of amendment. Hence, Interim Application is allowed in terms of prayer clauses (a) and (b) which read thus;

(a) That Applicant may kind1y be allowed to amend the Testamentary Petition bearing No. 868 of 2021 as per the "Schedule of Amendment" annexed to this Interim Application at Exhibit 'C' with consequential amendment if any. (b) That after amendment of the Petition, as sought in prayer (a) is carried out, Testamentary Department may be direct to amend Letters of Administration issued on 4 th August, 2021 in the above Petition, as per amended Petition". 3.

Amendment to be carried out within two weeks from today. 4.

Interim Application stands disposed of with no order as to costs. [ARIF S. DOCTOR J.]