Bombay High Court
Sakshi Sachin Chodankar vs Sadguru Mahadev Vast (Deceased) on 28 January, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
17.IAL.271.22 in TP.1560.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION (L) NO. 271 OF 2022
IN
TESTAMENTARY PETITION NO. 1560 OF 2017
Sakshi Sachin Chodankar
nee Trupti Sadguru Vast ... Applicant/Petitioner
And
Sadguru Mahadev Vast ... Deceased
Mr. Manoj Agiwal for the Applicant/Petitioner.
CORAM : R.I. CHAGLA, J.
DATED : 28th JANUARY, 2022.
(V.C.)
ORDER :
1 The learned Counsel appearing for the Applicant/Petitioner has stated that the Testamentary Department is raising an objection that the amendment which was permitted by this Court on 21.01.2022 with regard to the schedule to the Testamentary Petition No.1560 of 2017, by substituting new schedule with the schedule to the Testamentary Petition, has not been re-verified by the Petitioner. He has stated that the Petitioner is resident of Goa and hence, it is difficult during the covid pandemic to obtain re-verification of the amended schedule to the Waghmare 1/3
17.IAL.271.22 in TP.1560.17.doc Testamentary Petition. In any event, he states that the new schedule which is substituting the schedule to the Testamentary Petition has been signed by the Petitioner and that the Petitioner is the only heir of the deceased.
2 Having considered the submission of the learned Advocate for the Applicant/Petitioner as well as noting the objection taken by the Testamentary Department with regard to re-verification, it appears that the amendment which was permitted was to substitute the schedule with the new schedule to the Testamentary Petition which had inadvertently not been annexed to the Testamentary Petition. 3 Having considered that the Petitioner is the only heir of the deceased and that there are no other heirs to object to such amendment being carried out, it would be appropriate to dispense with the objection taken by the Testamentary Department. Accordingly, re-verification is dispensed with.
4 In view thereof extension of time is granted to carry out the amendment which was to be carried on or before 27.01.2022 as per order dated 21.01.2022. The amendment shall be carried out by the Petitioner on or before 01.02.2022.
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17.IAL.271.22 in TP.1560.17.doc 5 Upon the amendment being carried out, the Petitioner shall serve a copy of the amended Petition on the Defendant/Caveator within a period of one week from carrying out the amendment. 6 The Advocate for the Petitioner shall thereafter apply for listing of the matter.
Digitally signed by WAISHALI SUSHIL WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) WAGHMARE Date:
2022.01.29 16:37:51 +0530 Waghmare 3/3