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Bombay High CourtCHOL/258/2025disposed off

Shehnaz Nisar Wagle v. Nisar Ahmed Husain Wagle (Deceased) And ANR

2025-06-24E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th June, 2025 CALLED FOR DIRECTION:

2.CHOL/258/2025 In TP/5353/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mosin Naik a/w. Zhoaib Sayyed, Advocate for the Applicant / Petitioner.

P. C. :

1. By this Chamber Order, the Applicant seeks amendment of the Petition as per the Schedule annexed to the Chamber Order.

2. The Ld. Advocate for the Applicant submits that the above Petition was filed by the widow of the deceased and daughter of the Petitioner and deceased. He further submits that the Petitioner No.2 being a student they are having limited financial resources and unable to pay the Full Court Fee. The Ld. Advocate further submits that in view of the Notification bearing Ref. No. Mudrank - 2023 / C.R. 641 / M-1 (Policy), dated 09/08/2024, if the Petition is filed by the widow of the deceased, the Court Fee of Rs.10,000/- is required to be paid and accordingly the Petitioner No.1 being the widow of the deceased had paid the Court Fee. He further submits that in view of the financial burden on the Petitioners, the Petitioner No.2 has given consent to delete her name from the title of the Petition and she has filed an Additional Affidavit dated 23rd June, 2025. He therefore prays that the Chamber Order be allowed and the Applicant be permitted to carry out the amendment as per the Schedule annexed to the Chamber Order and also to carry out the consequential amendments.

3. Perused the Affidavit in Support of the Chamber Order and Additional Affidavit filed by the Petitioner No.2. ..2/-

) ) ) ) ) ) : 2 :

4. For the reasons stated in the Affidavit in Support, the Chamber Order is allowed and the same is signed separately. Amendment to be carried out as per Schedule annexed to the Chamber Order and as well as consequential amendments, within two weeks' from today.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 24.06.2025