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Bombay High CourtIA/1808/2024disposed off

Hoshang Jehangir Khan v. Khushroo Behramshaw Mogal

2026-01-07Hon'Ble Shri Justice Milind N. Jadhav3 pages

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1808 OF 2024 IN CAVEAT (L) NO. 9320 OF 2024 IN TESTAMENTARY PETITION NO. 3908 OF 2023 Hoshang Jehangir Khan & Anr.

Applicants / Ori.

Petitioners

IN THE MATTER OF:

Hoshang Jehangir Khan and Anr.

.. Petitioners

Versus

Khushroo Behramshaw Mogal .. Caveator ..

....................

 Ms. Kalyani Deshmukh a/w. Ms. Sanskruti Hebalkar, Advocates for Applicants / Original Petitioners.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 07, 2026.

P.C.:

1.

Not on Board. Mentioned. Taken on Board.

2.

Heard Ms. Deshmukh, learned Advocate for Applicants / Original Petitioners.

3.

Perused the praecipe dated 07.01.2026 which is filed for speaking to the minutes of judgment dated 05.01.2026. I have perused the changes required to be made.

4.

In the judgment dated 05.01.2026, the following corrections which are essentially typographical and grammatical are required to be made to correct the judgment.

(i) In the appearance clause 'Mr. Dinyar Madon, Senior Advocate a/w. Ms. Ferzana Behramkamdin, Ms. Kalyani Deshmukh, Ms. Sanskruti Hebalkar, Advocates i/by FZB & Associates for Applicants and Mr. Vijay Payal, Advocate i/by Sameer R Logade, Advocates for Petitioners' be replaced with 'Mr. Dinyar Madon, Senior Advocate a/w. Ms. Ferzana Behramkamdin, Ms. Kalyani Deshmukh, Ms. Sanskruti Hebalkar, Advocates i/by FZB & Associates for Applicants/Original Petitioners'; (ii) In the appearance clause 'Mr. Bhavesh Parmar a/w. Mr. Devmani Shukla, Mr. Rajesh Sahani and Mr. Mohd. Riyaz, Advocates i/by G.L. Ghonge for Caveator' be replaced with 'Mr. Bhavesh Parmar a/w. Mr. Devmani Shukla, Mr. Rajesh Sahani and Mr. Mohd. Riyaz, Advocates i/by G.L. Thonge and Mr. Vijay Payal i/by Mr. Sameer R. Logade for Caveator';

(iii) On page No.7, line No.13 of paragraph No.6.2, the words 'importantly name of Applicant No.2 was added by the deceased to her ...' be replaced with the words 'importantly name of Applicant No.1 and Applicant No.2 were added by the deceased to her...';

(iv) On page No.11, 2nd line of paragraph No.7.1, the words 'of doubt' may be deleted;

(v) On page Nos.11, 6th and second last line of paragraph No.7; on page No.14, 8th line of paragraph No.7.4; on page No.15, 5th and 15th line of paragraph No.7.5 the date '14.10.2025' be replaced with the date '14.08.2025';

(vi) On page No.15, 5th line of paragraph No.7.5, the word 'returned' be replaced with the word 'recorded'; (vii) On page No.19, 5th line of paragraph No.12, the words '... because the Applicant No.2 was added by...' be replaced with the words '... because the Applicant No.1 and Applicant No.2 were added by...';

(viii) On page No.21, 3rd line of paragraph No.12, the date '18.12.20215' be replaced with the date '18.12.2015'; (ix) On page No.21, 6th line of paragraph No.14, the year '2025' be replaced with the year '2015';

(x) On page No.21, 3rd line of paragraph No.14, the word 'date' be replaced with the word 'death'; and (xi) On page No.23, 7th line of paragraph No.16, the word 'bequeathal' be replaced with 'bequest'.

5.

Necessary corrections are directed to be carried out as above in the original judgment dated 05.01.2026 and corrected judgment be uploaded.

6.

Praecipe is allowed and disposed.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2026.01.07 17:31:25 +0530 AJAY TRAMBAK UGALMUGALE