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Bombay High CourtIA/1606/2024disposed off

Mahesh Maruti Parte v. Maruti Manu Parte

2024-12-19Hon'Ble Shri Justice N. J. Jamadar2 pages

19-IA1606-2024.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION SANTOSH SUBHASH KULKARNI INTERIM APPLICATION. NO. 1606 OF 2024 IN PETITION NO. 854 OF 2022 SANTOSH SUBHASH KULKARNI Date: 2024.12.20 10:27:45 +0530 Mahesh Maruti Parte ...Applicant/ Petitioner Maruti Manu Parte ...Deceased Ms. Jyoti Badgujar, i/b S. U. Lakdawala, for the Petitioner.

CORAM:

N. J. JAMADAR, J.

DATED:

19th DECEMBER, 2024 PC:- 1.

Heard the learned Counsel for the petitioner - applicant.

2.

The learned Counsel for the applicant seeks leave to amend the application so as to incorporate additional ground in the application in accordance with the Schedule of Draft Amendment.

Leave granted.

3.

Necessary amendment in accordance with the Schedule of Draft Amendment handed in and marked 'X' be carried out within a period of one week.

4.

This application is filed for post grant amendment in the Letters of Administration to the property and credits of 1/2

19-IA1606-2024.DOC Maruti Manu Parte granted by an order dated 16th November, 2022. By way of proposed amendment, the description of the property at Sr. No.1 in the Schedule of Property is sought to be amended to incorporate the name jointly with 'Anaji Sadashiv Chavan'.

5.

The learned Counsel for the applicant seeks leave to tender an additional affidavit.

Leave granted.

6.

Additional affidavit filed on behalf of the applicant and the documents annexed thereto lend support to the claim of the applicant. A copy of possession letter dated 29th April, 1998 indicates that the possession of the subject property was given jointly to Maruti Manu Parte the deceased and Anaji Sadashiv Chavan.

7.

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

8.

Necessary amendment in accordance with the Schedule of Amendment (Exhibit-B) be carried out within a period of two weeks after carrying out the amendment in the interim application.

9.

Post amendment grant expedited.

[N. J. JAMADAR, J.] 2/2