Mukesh Mangaldas Desai v. Mangaldas Balkrishna Desai (Deceased)

by MULEY SHUBHAM PRAVINRAO Date:

2025.01.15 09:49:18 +0530 MULEY SHUBHAM PRAVINRAO 1 18-IA-3825-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 3825 OF 2024 IN TESTAMENTARY PETITION NO. 1114 OF 2012 Mukesh Mangaldas Desai ...Applicant Mangaldas Balkrishna Desai ...Deceased ----------------- Mr. Siddharth Desai i/by Madhav Shah for the Applicant. ----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 14TH JANUARY, 2025 P.C.:- 1.

The present Interim Application is filed for post grant amendment. This Court vide an order dated 11 th December, 2023 granted to the Applicant a Succession Certificate in respect of securities belonging to one Mangaldas Balkrishna Desai.

2.

Learned Counsel points out that after the Succession Certificate was granted, the Applicant became aware that the name of the deceased had inadvertently been mentioned in the captioned Testamentary Petition as Mangaladas. It is for this purpose and to correct this inadvertent error that the present application has been filed. Learned Counsel points out that the death certificate also mentions the name Mangaldas Balkrishna Desai. Shubham 1/2

2 18-IA-3825-2024.doc 3.

Having due regard to the submissions made as also having perused the application and annexures, I am satisfied that the Interim Application deserved to be allowed and is therefore allowed in terms of prayer clause (A) and (B) which read thus:

"A) That the Petitioner be permitted to amend/correct/add/alter the Schedule-I of the Petition and respective corrections/amendments be carried out in the Schedule-I of the Grant of Succession Certificate as per the schedule annexed to this present application marked as Exhibit "C". B) That office of the Prothonotary and Senior Master be directed to accept the original Grant of Succession Certificate." 4.

Interim Application is accordingly disposed of. (ARIF S. DOCTOR, J.) Shubham 2/2