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Bombay High Court

YATIN NAGINCHANDRA SHAHversusBHAGWANDAS JAGANATH ARORA

Decided
Disposal
DISPOSED OFF

Holding

The court held that the amendment to record the legal heirs and their address may be allowed as it causes no prejudice.

Summary

The applicant, Yatin Naginchandra Shah, filed an interim application in a testamentary suit seeking to bring on record the legal heirs of Defendant No.1 and to amend their address as set out in the petition. The application was served on the respondents, Bhagwandas Jaganath Arora & Ors., who failed to appear. The court considered whether such amendment could be made without prejudice to the parties. It held that the amendment could be permitted as it did not cause prejudice. Consequently, the court allowed the interim application and directed that the amendment be effected within one week.

Issues considered

  • Whether the legal heirs of Defendant No.1 can be brought on record through an amendment to the petition
  • Whether the address of the legal heirs can be amended without prejudice to the respondents
  • Whether the interim application can be entertained despite non-appearance of respondents

Subjects

  • interim application
  • amendment of parties
  • legal heirs
  • testamentary suit
  • procedural law
  • non-appearance

Judgment

                                                               1/2              23-IA-2076-2026 (OS) .DOC
        Digitally
        signed by
        VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE    Date:
        2026.09.30
        10:56:06
        +0530

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         TESTAMENTARY AND INTESTATE JURISDICTION


                                           INTERIM APPLICATION NO. 2076 OF 2026
                                                               IN
                                             TESTAMENTARY SUIT NO. 92 OF 2019
                                                               IN
                                          TESTAMENTARY PETITION NO. 1856 OF 2018
                     Yatin Naginchandra Shah                                               ...Applicant
                               Versus
                     Bhagwandas Jaganath Arora & Ors.                                      ...Respondents
                                                             _______
                     Mr. Ivor Peter D’cruz a/w Mr. Pierre Fernandes and Ms. Rupali Singh i/b Mr.
                     Ivor Peter D’cruz, for the Applicant.
                                                             _______


                                                                     CORAM : ARIF S. DOCTOR, J.
                                                                     DATE    : 28th SEPTEMBER, 2026

                     P.C.
                     1.        This Interim Application seeks to bring on record the legal heirs of

                     Defendant No.1 as also to amend the address of the legal heirs, more particularly

                     set out in the Petition.

                     2.        A copy of this Interim Application has been served on the Respondents.

                     Despite which, none has appeared.

                     3.        Having heard learned counsel and having perused the Interim

                     Application, in my view, the same would have to be allowed. There would be no

                     prejudice caused to any of the parties. This Interim Application is allowed in

                     terms of prayer clauses (a) to (d).



                     Vaibhav
                                         2/2             23-IA-2076-2026 (OS) .DOC



4.        Amendment to be carried out within a period of one week from today.




                                                             [ARIF S. DOCTOR, J.]




Vaibhav


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