Krishnan Chandran @ Kannan v. Shivkumar Ganesh (Petitioner) And K. Chandran (Deceased)

908-ia-3799-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.3799 OF 2024 IN TESTAMENTARY PETITION NO.3070 OF 2018 Krishnan Chandran @ Kannan ...Applicant

Versus

Shivkumar Ganesh and Anr.

...Respondent

------ Mr. Dharam Jumani i/b. Kiran Mohite, for the Applicant/Petitioner for the Defendant/Respondent.

------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : DECEMBER 19, 2025 P. C. :

1.

Praecipe has been moved in disposed of Interim Application seeking permission for the Applicant, who is the legatee under the Will dated 2nd June, 2014, to reverify the amendment which were allowed by order dated 3rd September, 2024.

2.

Learned counsel appearing for the Applicant, submits that by order dated 3rd September, 2024, post grant amendment was allowed, however, the reverification was not dispensed with. He submits, on instructions, that the original Petitioner who was the executor of the Will is unavailable for purpose of reverification and permission be Vishal Parekar 1 of

908-ia-3799-2024.doc granted to the Applicant who is the legatee to carry out reverification. He would submit that by order of 3rd September, 2024 this Court has held that the proposed amendments are in the nature of correction of typographical and clerical error and that being so the Applicant who is the legatee can be permitted to carry out the reverification of the typographical and the clerical errors which are sought to be corrected by the proposed amendment.

3.

I have considered the order of 3rd September, 2024 passed by the learned single Judge of this Court granting post grant amendment application. The executor who was the original Petitioner is stated to be unavailable for re-verifying the amendments which is procedural aspect. Considering that the Applicant is the legatee of the Will and the proposed amendments are already allowed, there would be no prejudice caused to any of the parties, if the Applicant is permitted to carry out the reverification of the proposed amendment. 4.

The department is directed to permit the reverification to be done by the Applicant Krishnan Chandran @ Kannan. [SHARMILA U. DESHMUKH, J.] Vishal Parekar 2 of