[Cites 0, Cited by 0]
Bombay High Court
Ashok Navsha Davde vs Laxmi Navsha Davde on 15 April, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-OS:9371
IAL.12054.2026+.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION (L) NO.12403 OF 2026
IN
TESTAMENTARY PETITION NO.1632 OF 2024
Ashok Navsha Davde .. Applicant
IN THE MATTER BETWEEN:
Laxmi Navsha Davde .. Deceased
Ashok Navsha Davde .. Petitioner
WITH
INTERIM APPLICATION (L) NO.12054 OF 2026
IN
TESTAMENTARY PETITION NO.1632 OF 2024
Ashok Navsha Davde .. Applicant
IN THE MATTER BETWEEN:
Laxmi Navsha Davde .. Deceased
Ashok Navsha Davde .. Petitioner
....................
Ms. Aparna Wagle a/w. Mr. Waquar Ahmad, Advocates i/by
Waquar Ahmad for Applicant / Petitioner.
...................
CORAM : MILIND N. JADHAV, J.
DATE : APRIL 08, 2026
P.C.:
1. Not on Board. Mentioned by way of filing praecipe dated
08.04.2026. Perused the praecipe.
2. Heard Ms. Wagle, learned Advocate for Applicant /
Petitioner.
3. Both Interim Application (Lodging) No.12403 of 2026 and
Interim Application (Lodging) No.12054 of 2026 are filed by original
1 of 5
IAL.12054.2026+.doc
Petitioner in Testamentary Petition No.1632 of 2024. The original
Petitioner issued Grant in the original Petition on 11.08.2025, inter
alia, Letters of Administration in respect of property and credits of his
demised mother. Copy of Grant is appended at Exhibit-A, page No.13
of the Interim Application (Lodging) No.12054 of 2026. This Interim
Application is filed seeking post-grant amendment in respect of certain
property and credits of the deceased which has come to the knowledge
of the Petitioner subsequently. The proposed amendment is appended
at Exhibit-B, page No.19 of the Interim Application. It pertains to
valuation of the property shown therein to the extent of correction of
valuation amount and area as stated therein.
4. However, the Petitioner has made an additional request.
Petitioner has filed Interim Application (Lodging) No.12403 of 2026
stating that by virtue of the aforementioned Interim Application
(Lodging) No.12054 of 2026, Petitioner be allowed to incorporate
prayer clause (e) as per amended Schedule appended thereto.
However Petitioner has also prayed for allowing Petitioner to carry out
the amendment in the certified copy of the Grant available with the
Petitioner in lieu of the original Grant.
5. Reason given by Petitioner is contained in paragraph No.2,
inter alia, stating that original copy of Grant has been misplaced and
despite due diligence and search attempted to trace the original Grant,
2 of 5
IAL.12054.2026+.doc
all attempts have failed. It is stated that the original Grant went
missing during one of her visit to the Court for the purpose of applying
for the certified copy of the same. It is informed to the Court that on
06.04.2026, a complaint has been lodged with Azad Maidan Police
Station regarding misplacing of the original Grant issued by the Court
during one of Petitioner's visit to the Court. Copy of the said complaint
is appended at Exhibit-A to Interim Application (Lodging) No.12403 of
2026.
6. Ms. Wagle would persuade the Court to allow both the
Applications in the interest of justice considering the expediency
involved in the matter. I have perused the reasons stated in Interim
Application (Lodging) No.12403 of 2026 and after going through the
same and hearing the submissions made by Ms. Wagle which are prima
facie believable, I am inclined to allow the said Application.
7. In that view of the matter, Interim Application (Lodging)
No.12403 of 2026 stands allowed in terms of prayer clauses (a) to (d).
Necessary amendment is permitted to be carried out in terms of
aforesaid prayers which are allowed by the Court in the certified copy
of the Grant available with the Petitioner within a period of two weeks
from the date of uploading of this order. Reverification stands
dispensed with.
8. On allowing the aforementioned Interim Application
3 of 5
IAL.12054.2026+.doc
(Lodging) No.12403 of 2026, Interim Application (Lodging) No.12054
of 2026 is taken up for hearing forthwith.
9. This Application is filed seeking post-grant amendment in
Schedule of assets to the original Petition and the Grant as per Exhibit-
B annexed to this Application. For the reasons mentioned in
paragraph Nos.2 and 3 of the Application, the necessary corrections
qua the valuation of the property at serial No.1 in the original
Petitioner and its area are required to be allowed in the interest of
justice and for having the correct nomenclature of subject property.
There can be no impediment in allowing the present post-grant
Application. The same stands allowed in terms of prayer clauses (a) to
(c). Consequential amendment is permitted to be carried out as per
Exhibit-B in the certified copy of Application both online as well as
offline within a period of two weeks from the date of uploading of this
order and subject to the compliance of the directions contained in
allowing Interim Application (Lodging) No.12403 of 2026.
Reverification stands dispensed with. Department shall allow permit
the Advocate for Petitioner to carry out the amendment in accordance
with law.
10. On the aforementioned complainces having been carried out
as directed by the Court, the Department is directed to re-issue the
Letters of Administration afresh alongwith the amended Schedule
4 of 5
IAL.12054.2026+.doc
within a period of three weeks from the date of all due compliances.
11. With the above directions, Interim Application (Lodging)
No.12403 of 2026 and Interim Application (Lodging) No.12054 of
2026 are both allowed and disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA HANUMANT
HANUMANT SAWANT
SAWANT Date:
2026.04.15
18:35:12 +0530
5 of 5
