Shilpa Jawahar Mukhtyar v. Dinesh Nagindas Shah

2024:BHC-OS:12045 16 ia 1516 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1516 OF 2024 IN TESTAMENTARY PETITION NO.3904 OF 2023 Shilpa Jawahar Mukhtyar ...

Petitioner Dinesh Nagindas Shah ...

Deceased Mr. Nilesh Modi with Mr. Shirish Mathkar, Mr. P. Mahadaria i/by Hemangi Modi, for Petitioner.

CORAM: N.J.JAMADAR, J.

DATE :

9 AUGUST 2024 P.C.

1.

Heard the learned Counsel for the Petitioner. 2.

This is an application for post grant amendment in the Testamentary Petition No.3904 of 2023. By an order dated 2 March 2024, the Letters of Administration with the Will annexed to the properties and credits of Dinesh Nagindas Shah (Deceased) were granted. Post grant, it is realized that in the cause title and paragraph No.2 of the Petition, the name of the Society was incorrectly mentioned as 'Charma' instead of 'Dharma' and Flat number was also incorrectly mentioned as '2' instead of '1'. Hence, this application for amendment.

3.

I have perused the averments in the application, original Petition and the affidavit in support of the application. The proposed amendment seems to be in the SSP 1/2

16 ia 1516 of 2024.doc nature of corrections of clerical/typographical errors in the Petition. I, therefore, do not find any impediment in allowing the application. 4.

Hence, the application stands allowed in terms of prayer clause (a). 5.

Necessary amendment in accordance with the Schedule of Amendment (Exhibit B) be carried out within a period of four weeks. 6.

Post amendment grant expedited.

7.

The application stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 12/08/2024 10:48:36