Kumudini Pandharinath Amritkar v. Pandharinath Madhao Amritkar ( Since Deceeased)
Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY & INTESTATE JURISDICTION TESTAMENTARY & INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 424 OF 2025 Pandharinath Madhao Amritkar .. Deceased Kumudini Pandharinath Amritkar .. Petitioner ....................
Mr. Mahesh B. Karule, Advocate for Petitioner. ....................
CORAM
: MILIND N. JADHAV, J.
DATE : SEPTEMBER 20, 2025.
P.C.:
1.
Heard Mr. Karule, learned Advocate for Petitioner. 2.
At the outset, Mr. Karule, learned Advocate informs the Court that one of the legal heir namely Pramod Pandharinath Amritkar has expired in the interregnum on 25.08.2025. He has placed Draft Amendment before me whereby he seeks to delete the name of Pramod Pandharinath Amritkar from the Petition and in place thereof substitute the names of his legal heirs namely Neena Pramod Amritkar, Akshat Pramod Amritkar and Akash Pramod Amritkar and carry out consequential amendments.
3.
Draft Amendment is taken on record and marked 'X' for identification. It is allowed by the Court. Amendment is permitted to be carried out within a period of one week from today. Department shall allow the amendment to be carried out accordingly. Reverification stands dispensed with.
4.
Petition is taken up for hearing forthwith.
5.
Present Misc. Petition is filed by Petitioner for issuance of legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased Pandharinath Madhao Amritkar.
6.
Consent Affidavits dated 26.05.2025 of Dilip Pandharinath Amritkar and Swapnil Pandharinath Amritkar are appended at page Nos.35 and 38 of the Petition respectively.
7.
Mr. Karule informs the Court that he has received instructions to file consent Affidavits of the legal heirs of Pramod Pandharinath Amritkar namely Neena, Akshat and Akash in the Court. He is permitted to file consent Affidavits of deceased Pramod Pandharinath Amritkar, whose names have been allowed to be impleaded within a period of one week from today. Department is directed to accept the same. If the consent of all legal heirs are in place subject to consent of Neena, Akshat and Akash being filed within a period of one week from today, Petition stands allowed in terms of prayer clauses 'a' and 'b'.
8.
Needless to state that prayer clause 'b' will be amended properly as per the Draft Amendment and accordingly the Grant shall be issued. From the date on which the consents of the newly impleaded legal heirs of deceased Pramod Pandharinath Amritkar are
filed in the Department, the Grant shall be issued to the Petitioner within a period of three weeks thereafter positively. 9.
Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.
10.
In view of the above, Misc. Petition is allowed and disposed. [ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.09.20 19:48:20 +0530 AJAY TRAMBAK UGALMUGALE