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Bombay High CourtIA/744/2025disposed off

Tarun Hirasingh Advani v. Hirasingh Bakshisingh Advani Alias Hirasingh B Advani Alias H B Advani (Decesed)

2025-04-02Hon'Ble Justice Shri Arif S. Doctor2 pages

by MULEY SHUBHAM PRAVINRAO Date:

2025.04.03 18:57:01 +0530 MULEY SHUBHAM PRAVINRAO 1 30-IA-744-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 744 OF 2025 IN TESTAMENTARY PETITION NO. 107 OF 1989 Tarun Hirasingh Advani ...Applicant In the matter between Hirasingh Bakshisingh Advani alias Hirasingh B Advani alias H B Advani ...Deceased Mrs. Niloo Hirasingh Advani & Anr.

...Petitioners

----------------- Mr. Sameer Logade for the Applicant.

----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 2ND APRIL, 2025 P.C.:- 1.

This is an application for post grant amendment. This Court had vide an order dated 3 rd August, 1989 granted Letters of Administration in respect of properties and credits of one Hirasingh Bakshisingh Advani alias Hirasingh B Advani alias H B Advani (the deceased). Learned Counsel for the Applicant submitted that after the issuance of the grant, the Applicants became aware that the deceased had certain other shares in his name. It is to include these shares in the schedule of assets that the present Interim Application has been filed. In Shubham 1/2

2 30-IA-744-2025.doc support of his contention that the deceased held these shares in his name at the time of his death, which fact was unknown to the Applicant at the time of filing of the Testamentary Petition, Learned Counsel invited my attention to a letter dated 13 th September, 2024 addressed to the Applicant by Datamatics Business Solutions Ltd.

2.

Having due regard to the submissions made and having perused the record, I find sufficient cause has been shown to allow the Interim Application, which is thus allowed in terms of prayer clause (a) which reads thus: "(a) That the Applicant may kindly be allowed to amend Schedule -I annexed to the Petition as per "Schedule of Amendment" annexed to this Interim Application at Exhibit 'F' with consequential amendment, if any in the Petition."

3.

Amendments to be carried out within a period of two weeks from today i.e. on or before 16 th April, 2025.

4.

Interim Application is accordingly disposed of. (ARIF S. DOCTOR, J.) Shubham 2/2