Ganapushpam Nadar v. Augusteen Chelliah Nadar

P7.MPT.629.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.629 OF 2025 Augusteen Chelliah Nadar .. Deceased Ganapushpam Nadar .. Petitioner ....................

 Ms. Rashmi Parmar, Advocate for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 26, 2025 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 26.09.2025. Perused the praecipe filed for Speaking to the Minutes of order dated 20.09.2025.

2.

Heard Ms. Parmar, learned Advocate for Petitioner. 3.

Ms. Parmar submits that there is typographical mistake in recording the name of deceased as well as Petitioner in sentence No.2 of paragraph No.3.

4.

I have perused the praecipe and find that there is apparent mistake in the nomenclature in his name. Hence sentence No.2 of paragraph No.3 shall stand deleted and shall be substituted by following sentence:- "3...Ganapushpam Nadar being the mother a natural guardian of minor son namely Master Nadar Nathan

P7.MPT.629.2025.doc Augusteen has filed aforementioned consent affidavit on his behalf as well."

5.

Apart from the above correction, learned Advocate also informs the Court that Petitioner before the Court is wife of deceased and hence under the Government Resolution issued by State Government under Section 46 of the Maharashtra Court Fees Act, 1959 (Amended) she shall be entitled to pay Court fees of Rs.10,000/- only. 6.

In that view of the matter the following paragraph be newly added as paragraph No.7 and paragraph No.7 in the original order be renumbered as paragraph No.8:- "Department shall forthwith refund the excess Court fees paid by Petitioner of Rs.65,000/- within a period of one week from date of submission of details of bank account of Petitioner to Department unfailingly."

7.

The aforesaid correction be carried out and added and fresh copy of order be uploaded.

8.

Praecipe is disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.09.26 14:52:49 +0530 HARSHADA HANUMANT SAWANT