Nichal H. Israni vs Gian Kaur And Ors on 9 April, 2021

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Bombay High Court

Nichal H. Israni vs Gian Kaur And Ors on 9 April, 2021

Bench: Anuja Prabhudessai

P.H. Jayani                                                  32 WPST7750.2021.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                       WRIT PETITION (ST.) NO. 7750 OF 2021

Nihchal H. Israni                                               ....Petitioner
           v/s.
Gian Kaur and ors.                                              .... Respondents

Mr. Ashwin Shete a/w. Ms. Divya Tyagi i/b. Jaykar and Partners
for the Petitioner.
Mr. Prasad Avhad i/b. Mr. Kuldeep Nikam for the Respondents.

                                    CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 09th APRIL, 2021.

P. C. :-

. The Petitioner herein has challenged the order dated 09/02/2021 whereby learned Civil Judge, Senior Division has dismissed the Application filed by the Petitioner under Section 153 of Civil Procedure Code.

2. The Probate Proceedings filed by the Petitioner were allowed by order dated 14/07/2014. Subsequently, the Petitioner filed an Application under Section 153 of Civil Procedure Code stating that one of the properties left behind by Devinder Singh was the office premises bearing No.913 in building 'Raheja Centre'. However, the same was mistakenly described at Serial No.3 of Annexure to Exhibit - 1 as 'Raheja Chamber'. The Petitioner filed an Application for rectification of the said error which has been dismissed by the impugned order. 1/2 ::: Uploaded on - 19/04/2021 ::: Downloaded on - 06/09/2021 02:59:31 :::

P.H. Jayani 32 WPST7750.2021.doc

3. Learned counsel for the Petitioner states that in addition to the said rectification, the Petitioner also seeks to include the details of the share certificate of the said office premises of the Probate Proceedings being Share Certificate dated 11/03/1982 and seeks to include the second Codicil dated 06/04/2005 in the probate proceedings.

4. Mr. Prasad Avhad, learned counsel who is representing the Respondents, under instructions, states that he has no objection to allow the Petition in terms of prayer clauses (b), (c) and (e). Hence, with consent, Petition is allowed in terms of prayer clauses (b), (c) and

(e).

5. Writ Petition stands disposed of in above terms.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2 ::: Uploaded on - 19/04/2021 ::: Downloaded on - 06/09/2021 02:59:31 :::

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