Jacinta Stanley Fernandes v. Kevin Fernandes

44-IAL-1487-2025.DOC sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1487 OF 2025 IN MISC.PETITION NO. 587 OF 2024 Jacinta Stanley Fernandes ... Applicant/ Orig.Petitioner In the matter between Stanley Fernandes S/o Sebastian Joseph ... Deceased Jacinta Stanley Fernandes & Ors.

... Petitioners ______________________ Mr. B.G.Saraf i/by Mr. R.T. Kharwar for the Applicant. ________________________

CORAM

: Kamal Khata, J.

DATED : 11th June 2025.

P.C.:- 1.

Mr. Saraf Learned Advocate for the Applicant submits that despite the Order dated 24th October 2024 the Grant in favour of the Petitioner could not be issued on account of the words "deceased No. 2" stated in item No. 10 of the Schedule. He seeks leave to amend the Petition as per Schedule annexed as Exhibit B.

2.

In view of the aforesaid submission, the Applicant is permitted to delete the letters "No. 2" in item no. 10 of the Schedule.

by SANDHYA BHAGU WADHWA Date:

2025.06.17 12:15:03 +0530 SANDHYA BHAGU WADHWA

44-IAL-1487-2025.DOC 3.

Thus, the Application is allowed in terms of un-numbered prayer clause at page no.6 and prayer clause (a) of the Application.

4.

It is noted that the Applicant undertakes to pay such sum by way of damages or costs as this Court may deem appropriate as compensation, in the event any party is prejudiced by passing of this order.

5.

All concerned to act on the authenticated copy of this order.

(Kamal Khata, J.)