Edrees Mohamedali Mithaiwala v. Ibrahim Yusufali Dulehi Alias Ebrahim Esufali Suteha (Decased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 10th June, 2025 CALLED FOR DIRECTION:

61.TP/1073/2025 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Prayag Joshi i/b. Jainuddin Kazi, Learned Advocate for the Petitioner.

P. C. :

1.

The Ld.

Advocate for the Petitioner moved a praecipe dated 10.06.2025 and thereby seeks a permission to amend the petition, as suggested in the said praecipe.

2.

Heard Ld.

advocate for the petitioner. He submitted that the deceased died leaving no heir, except his widow. Hence, widow has received the all the property in view of theory of the Return. Hence, after the death of the said Widow in year 2009, her legal heirs would get the right of inheritance through her. Hence, he required to carry out an amendment, as suggested in the praecipe.

3.

Submission in view of last order, accepted, subject to condition that the petitioner to carry out detail averment about the chain of legal heirs and other facts entitles the petitioner to claim an inheritance.

4.

Amendment to be carried out within period of three weeks from the date of uploading this order, if the petition is pending. Petition to be uploaded within 03 days from the date of amendment.

5.

S.O.

to 10.07.2025.

Officer on Special Duty, with Testamentary Department 10.06.2025