Bombay High Court
Farzin Boman FaramarziversusZubin Boman Faramarzi
- Decided
- Disposal
- DISPOSED OFF
Holding
The order dated 1 September 2026 is to be read to include prayer clause (b) as originally granted.
Summary
In a testamentary suit, Shirin Boman Faramarzi (plaintiff) filed an interim application against Zubin Boman Faramarzi and others (defendants). The Court, by its order dated 1 September 2026, granted the interim relief sought in prayer clauses (a) and (b). However, the written order inadvertently omitted the wording of prayer clause (b), which was a consequential relief to clause (a). The applicant moved for a correction to reflect the original grant. Justice Arif S. Doctor directed that the order be read to include the omitted prayer clause (b) and ordered the matter to stand over for further hearing on 29 September 2026. The correction ensures that the interim relief is fully effective as intended.
Issues considered
- Whether the Court can amend its order to incorporate an inadvertently omitted prayer clause.
Subjects
- interim application
- order correction
- testamentary suit
- procedural relief
- court order amendment
Judgment
M1.7854.25-IA.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO.7854 OF 2025
IN
TESTAMENTARY SUIT NO.68 OF 2020
Digitally
signed by
BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL
Shirin Boman Faramarzi … Plaintiff / Petitioner
PATIL Date:
2026.09.10 Vs.
11:22:56
+0530 Zubin Boman Faramarzi & Anr. … Defendants/ Caveators
Vs.
Farzin Boman Faramarzi … Applicant
Mr. Anuj Desai a/w. Ms. Avan Ardeshir i/b. Mulla & Mulla &
Craigie Blunt & Caroe for the Applicant / Plaintiff
Ms. Ritika Kudia i/b. Flavia Legal for the Defendants.
CORAM : ARIF S. DOCTOR, J.
DATE : 8th SEPTEMBER 2026
P.C.
1. Mentioned. Not on board. Upon mentioning taken on
board for speaking to the minutes of order dated 1 st September
2026.
2. It is pointed out that this Court had, vide order dated
1st September 2026, allowed the Interim Application in terms of
prayer clauses (a) and (b). However, inadvertently, prayer
clause (b) which is a consequential relief to prayer clause (a), is
not mentioned.
Basavraj Page|1
M1.7854.25-IA.DOC
3. Hence, the order dated 1st September 2026 shall be read
accordingly.
4. Stand over to 29th September 2026.
[ARIF S. DOCTOR, J.]
Basavraj Page|2
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