Bombay High Court
KAMAL DAUJEE TAPARIAversusQueenie Mary Melville Miranda alias Queenie Miranda alias Queeinie Mary Melville Miranda
- Decided
- Disposal
- DISPOSED OFF
Holding
The order dated 31 August 2026 is to be read with the amendment replacing 'Petition' by 'Suit' and restoring the testamentary petition as uncontested, with the grant to be issued accordingly.
Summary
In the High Court of Bombay, petitioner Kamal Daujee Taparia filed an interim application (No. 4406 of 2025) seeking correction of the order dated 31 August 2026 in a testamentary proceeding. The petitioner argued that paragraph 7 of the order incorrectly used the term 'Petition' instead of 'Suit' and requested that the testamentary petition be restored as an uncontested petition with a grant issued accordingly. The court considered the request and directed that the cause title be amended to 'Testamentary Suit No. 71 of 2026' and that the order be read with the suggested modifications. Consequently, the order dated 31 August 2026 was to be read accordingly, effecting the terminological correction and restoration of the petition. The application was allowed, and the registry was instructed to issue the grant in accordance with law.
Issues considered
- Whether the order dated 31 August 2026 should be amended to replace 'Petition' with 'Suit' in paragraph 7
- Whether the testamentary petition should be restored as an uncontested petition and a grant issued
Subjects
- interim application
- order correction
- testamentary jurisdiction
- procedural amendment
- grant issuance
Judgment
1/2 IA-4406-2025 (NOB-3).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
TESTAMENTARY AND INTESTATE JURISDICTION
signed by
SAIRAJ
SAIRAJ SANJAY
SANJAY KARANDE
KARANDE Date:
2026.09.08 INTERIM APPLICATION NO. 4406 OF 2025
12:26:04
+0530
WITH
INTERIM APPLICATION NO. 1743 OF 2025
IN
TESTAMENTARY PETITION NO. 4308 OF 2024
WITH
TESTAMENTARY SUIT NO. 71 OF 2026
Kamal Daujee Taparia … Petitioner
Vs.
Lorraine Luke Rebello and Others … Respondents
_______
Mr. Ajit S. Hodage for Petitioner.
Mr. Sheroy M. Bodhanwalla, Mr. Akash Singh and Mr. Shreyas Thakur i/b M. S.
Bodhanwalla and Co. for Respondent Nos. 1 and 2.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 7th SEPTEMBER, 2026.
P.C.
1. Not on Board. Upon mentioning, taken on Board.
2. Praecipe has been moved for speaking to the minutes of the order
dated 31st August, 2026.
Sairaj
2/2 IA-4406-2025 (NOB-3).DOC
3. Learned counsel for the Petitioner points out that in paragrpah no. 7
of the order dated 31st August, 2026, the word ‘Petition’ be deleted and
replaced with the word ‘suit’ and add the following in paragraph no. 7 :
“Accordingly, Testamentary Petition is restored
as uncontested Petition. Registry is directed to
issue grant in accordance with law.”
4. In the cause title, Testamentary Suit No. 71 of 2026 be mentioned.
5. The order dated 31st August, 2026 to be read accordingly.
(ARIF S. DOCTOR, J.)
Sairaj
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