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Bombay High CourtMPT/826/2025disposed off

Ashwini Atul Mohite v. Atul Hari Mohite

2025-11-07Hon'Ble Shri Justice Milind N. Jadhav2 pages

33.MPT.826.2025.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 MISCELLANEOUS PETITION NO.826 OF 2025 Atul Hari Mohite .. Deceased Ashwini Atul Mohite .. Petitioner ....................

 Ms. Jyoti Badgujar, Advocate for Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : NOVEMBER 07, 2025 P.C.

:

1.

Heard Ms. Badgujar, learned Advocate for Petitioner. 2.

The order dated 26.09.2025 stands complied with. 3.

Ms. Badgujar informs the Court that she will file appropriate Affidavit and file the report of Bailiff on the next adjourned date report shall be filed.

4.

In the meanwhile, she would submit that Petitioner's address has been changed. She would submit that Petitioner has requested to change her address as property at the address mentioned in the cause title has been demolished for redevelopment and the new address of Petitioner is near Bombay Dying Mhada Colony behind Hindu Smashanbhumi Bhoiwada, Mumbai 400031.

5.

She would also inform the Court that mother of deceased has also shifted to another premises which has been given to her by the

33.MPT.826.2025.doc Developer and her whereabouts are not known to the Petitioner. 6.

She would therefore submit that appropriate directions be passed by Court to allow Petitioner to amend the Petition to the extent of correcting and placing on record the new address of Petitioner and for issuing notice / affecting service of the Petition by substituted service on the mother of the deceased.

7.

Both the aforesaid requests made by Ms. Badgujar deserve to be granted in the above facts of the present case. Accordingly, necessary amendment for change of address of Petitioner is permitted to be carried out in the record and file of the Petition within a period of two weeks from today. Reverification stands dispensed with. Department shall allow the same.

8.

Petitioner / Advocate for Petitioner is also permitted to serve the mother of the deceased by substituted service as per the extant Rules and accordingly file appropriate affidavit-of-service within a period of two weeks from today.

9.

Stand over to 21st November 2025.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.11.08 19:19:50 +0530 HARSHADA HANUMANT SAWANT