Ulka Hanumanta Tota v. Kamalabai Narayan Tota (Deceased)

2025:BHC-OS:12524 28-IA-970-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.970 OF 2025 IN TESTAMENTARY PETITION NO. 2323 OF 2024 Ulka Hanumanta Nalla ..

Applicant In the matter between Ulka Hanumanta Nalla ..

Petitioner versus Kamalaben Narayan Todha @ Kamalabai Narayan Tota ..

Deceased ------------------- Adv. Vinali Bhaidkar i/b Adv. Sneha A. Nagaonkar, for the Applicant. ------------------- CORAM: RAJESH S. PATIL, J.

DATE : 30 JULY, 2025 P.C:- 1.

Ms. Bhaidkar, appearing for the Applicant/Petitioner, submits that this Interim Application has been filed to amend Schedule-I of the Testamentary Petition as per the schedule of amendment, which is annexed as Exhibit "B".

2.

She submits that the letter of administration was granted in the applicant's favour on 20 September 2021. After receiving the grant of letters of administration, it came to the knowledge of the applicant that the applicant had inadvertently mentioned another property in the Darshan Patil

28-IA-970-2025.doc Schedule - I annexed to the Petition.

3.

She submits that the immovable property is mentioned in Schedule - I viz. "Immovable property being Room No. 6, 266/B, Nulwala Chawl, Sane Guruji Marg, Near Jacob Circle, Saat Rasta, Mumbai - 400011". She submits that the correct description of the property should be "Room No.4 and Room No.5, situated on the 2nd Floor, Building No.35, Kamatirpur 7th Lane, Mumbai- 400008". Both admeasuring about 180 sq. ft. carpet area each.

4.

After hearing the advocate for the Applicant and going through the contents of the Interim Application, I am satisfied that the case is made out to allow the Interim Application.

5.

The Interim Application is allowed in terms of the prayer clause "(a)" and "(b)". The said prayer clauses "(a)" and "(b)" read as under:- "(a) The Applicant/Original Petitioner may be permitted to amend Schedule No.1 to the Petition as per the Schedule of Amendment marked and annexed as Exhibit "B" hereto; (b) Consequently, the Registry may be directed to amend the Schedule of Properties annexed to the Grant of Letters of Administration dated 20th September, 2024."

6.

The Interim Application is disposed of in the above terms. (RAJESH S. PATIL, J.) Darshan Patil Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 02/08/2025 15:44:36