Vivek John Matthai vs Achamma Matthai @ Achamma John Matthai (Deceased) — Bombay HC (2025) — LawSathi Research

Vivek John Matthai vs Achamma Matthai @ Achamma John Matthai (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Post-grant amendment application allowed in terms of prayer clauses (a) and (b); delay, if any, condoned; original Grant to be handed over to the Department within one week with the server copy of the order; Department to carry out the amendment as per the Schedule and give the fresh Grant to the Applicant within two weeks thereafter; necessary amendment permitted in the original Petition within two weeks; re-verification dispensed with; issuance of the fresh Grant not to be delayed, subject to due compliances and removal of office objections.

Issue for consideration

Whether the post-grant amendment application in respect of the Grant in Petition No.285 of 2022 should be allowed in terms of prayer clauses (a) and (b), and whether any delay should be condoned.

Court's answer

There can be no impediment in allowing the post-grant amendment application.

Ratio / Principle

The Interim Application stands allowed in terms of prayer clauses (a) and (b) of the Application, and delay, if any, stands condoned.

Key takeaways

The original Grant shall be handed over to the Department within one week from the date of the order, along with the server copy of the order.ratio¶16
Once the original Grant is given to the Department, the Department shall carry out the concerned amendment as per the Schedule (which is noted by the Court in the order) and give the copy of the fresh Grant to the Applicant within a period of two weeks thereafter.ratio¶16
The Department will allow the necessary amendment to be carried out in the original Petition within a period of two weeks from the date of the order.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Testamentary and Intestate Jurisdiction), single judge (Milind N. Jadhav, J.), order dated December 12, 2025, in Interim Application No.7222 of 2025 in Petition No.285 of 2022 — Vivek John Matthai, Applicant/Original Petitioner, in the matter of the deceased Achamma Matthai W/o John Matthai alias Achamma John Matthai. The Court considered a post-grant amendment application (Schedule of amendment at Exhibit-D; copy of the earlier Grant at Exhibit-A) and held there was no impediment to allowing it. The Interim Application was allowed in terms of prayer clauses (a) and (b) and any delay was condoned. Directions issued: the original Grant to be handed over to the Department within one week along with the server copy of the order; the Department to carry out the amendment as per the Schedule and give the copy of the fresh Grant to the Applicant within two weeks thereafter; the necessary amendment to be allowed in the original Petition within two weeks; re-verification dispensed with; issuance of the fresh Grant not to be delayed, subject to all due compliances and removal of office objections. With these directions the Interim Application was allowed and disposed.

85.IA.7222.2025.doc

HARSHADA H. SAWANT (P.A.)

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

INTERIM APPLICATION NO.7222 OF 2025 IN

PETITION NO.285 OF 2022

Vivek John Matthai Applicant / Orig. .. Petitioner IN THE MATTER BETWEEN: Achamma Matthai W /o John Matthai alias Achamma John Matthai .. Deceased Vivek John Matthai .. Petitioner

Ms. Sheetal Shah, Advocate for Applicant / Petitioner.

CORAM : MILIND N. JADHAV, J. DATE : DECEMBER 12, 2025

P.C.:

1. Heard Ms. Shah, learned Advocate for Applicant / Petitioner.

2. This is a post grant amendment Application. Schedule of amendment is appended at Exhibit-D, page No.24. Copy of Grant is appended at Exhibit- A, page No.15. I have perused the Application. There can be no impediment in allowing the post grant amendment Application.

3. For the reasons mentioned in the Application, Interim Application stands allowed in terms of prayer clauses (a) and (b). Delay, if any stands condoned.

4. The original Grant shall be handed over to Department

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85.IA.7222.2025.doc

within one week from today alongwith server copy of this order. Once original Grant is given to Department, Department shall carry out the concerned amendment as per Schedule which is also noted by this Court in the order and give the copy of fresh Grant to Applicant within a period of two weeks thereafter positively.

5. Department will allow the necessary amendment to be carried out in the original Petition within a period of two weeks from today. Re-verification stands dispensed with.

6. For no reason issuance of fresh Grant shall be delayed. However it shall be subject to all due compliances and removal of office objections.

7. With the above directions, Interim Application is allowed and disposed.

H. H. SAWANT

[ MILIND N. JADHAV, J. ]

Digitally signed by HARSHADA HARSHADA HANUMANT HANUMANT SAWANT SAWANT Date: 2025.12.15 14:12:07 +0530

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