Timir Ashok Thakkar v. Ashok Manilal Thakkar

14-IA-1589-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1589 OF 2024 IN TESTAMENTARY PETITION (L) NO. 6100 OF 2024 Timir Ashok Thakkar ...Applicant

Versus

Ashok Manilal Thakkar

...Respondent

*** Mr.A.A. Steenson a/w Mr.Utkarsh Sanadi i/by APS Law Associates for Applicant.

*** by ETHAPE DNYANESHWAR ASHOK Date:

2024.08.27 10:03:08 +0530 ETHAPE DNYANESHWAR ASHOK

CORAM

:

N. J. JAMADAR, J.

DATE :

26th AUGUST 2024 PC.

:

1.

Heard the learned Counsel for the Applicant.

2.

This is an application to amend the petition so as to include the mother of the petitioner as a co-petitioner. 3.

This petition is filed for Letters of Administration without Will in respect of the property of Ashok Manilal Thakkar, the father of the petitioner, in paragraph No.3 of the petition. The petitioner has averred that the deceased left behind the petitioner and his mother Kalpana Ashok Thakkar as the only surviving class-I legal heir of the deceased. To rule out the D.A.ETHAPE

14-IA-1589-2024 (OS).doc possibility of prejudice and any complications in future, the petitioner proposes to implead his mother as co-petitioner. 4.

It appears that Kalpana Thakkar, the mother of the petitioner, has filed affidavit giving her consent for the grant of Letters of Administration. Thus, I do not find any impediment in allowing the application for amendment. Hence, the following order:-

ORDER

(i) Application stands allowed in terms of prayer clause (a).

(ii) Necessary amendment in accordance with schedule of amendment be carried out within a period of two weeks.

(iii) Application disposed.

(N. J. JAMADAR, J.) D.A.ETHAPE