Hiten Mavji Pasad v. Kesarbenmavji Pasad

M16.IA.2085.2026.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 INTERIM APPLICATION NO. 2085 OF 2026 IN PETITION NO. 4726 OF 2025 Hiten Mavji Pasad .. Applicant

IN THE MATTER BETWEEN:

Mavji Kanji Pasad alias Mavji K. Shah .. Deceased Kesarben Mavji Pasad .. Original Petitioner ....................

 Mr. Madhav Shah i/b. Ms. Ankita Gala, Advocates for Applicant / Petitioner.

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

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 16, 2026.

P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 16.04.2026. Perused the praecipe.

2.

Heard Mr. Shah, learned Advocate for Applicant / Petitioner. 3.

Present application is filed by Applicant for amendment of the Petition for Letters of Administration with Will annexed of the deceased i.e. Mavji Kanji Pasad alias Mavji K. Shah. 4.

Mr Shah would submit that Applicant's mother Kesarben Mavji Pasad filed the present Petition for Letters of Administration with Will annexed of Mavji Kanji Pasad alias Mavji K. Shah. He would submit that in the interregnum, the Original Petitioner i.e. Kesarben Mavji Pasad expired on 20.10.2025.

M16.IA.2085.2026.doc 4.1.

Mr. Shah would submit that he is one of the beneficiaries in the Last Will and Testament of the deceased and hence, he seeks to be brought on record as Petitioner in place of Kesarben Mavji Prasad. He would persuade this Court to allow amendment of the Petition in terms of paragraph Nos. 5 to 7 of present Interim Application. 5.

I have perused the Interim Application. For the reasons mentioned in the Interim Application, there can be no impediment in allowing the amendment.

6.

Department to allow amendment to be carried out in the original Petition within a period of two weeks from today. Reverification stands dispensed with. 7.

After the amendment is carried out, Testamentary Department to proceed with the Testamentary Petition in accordance with law.

8.

With the above directions, Interim Application is allowed and disposed of.

H. H. SAWANT [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2026.04.16 19:32:44 +0530 RAVINDRA MOHAN AMBERKAR