Sachin Vasant Waghmare vs Laxmibai Somaji Waghmare (Deceased) — Bombay HC (2025) — LawSathi Research

Sachin Vasant Waghmare vs Laxmibai Somaji Waghmare (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Praecipe submission accepted: permission to re-upload the properly amended petition with the earlier title within two weeks, presentation before the office to verify the amendment per the order dated 12.08.2024, and filing of Shobha Waghmare's consent affidavit or service of citation upon her, failing which listing in the second week of June 2025.

Issue for consideration

Whether the advocate may be permitted to re-upload a properly amended version of the petition, curing the departmental objection that the amended petition was improperly uploaded (original first page bearing the Notary seal missing, and Shobha shown as petitioner without a joining order). +1 more

Court's answer

The amended petition as uploaded is not proper as per the amendment order dated 12.08.2024.

Ratio / Principle

On perusal of CIS there is no order joining the new petitioner Shobha, while the amended petition is missing the original first page bearing the Notary seal.

Key takeaways

The advocate's submission is accepted; the petitioner is to present the petition before the office to verify the amendment is properly carried out per the order dated 12.08.2024 and to upload the proper amended petition with the earlier title within two weeks.ratio¶7
The petition available in the drive dated 26.11.2024 appears proper and the department may consider that petition as well.ratio¶8
The petitioner is directed to file the proper consent affidavit of Shobha Waghmare or take steps to serve the citation upon her.ratio

Detailed headnote1 paragraphs

Testamentary Petition 157.TP/89/2024 — order dated 02.05.2025 by the Officer on Special Duty with the Testamentary Department (taken on board): the amended petition as uploaded was held not proper under the amendment order dated 12.08.2024, the original first page bearing the Notary seal being missing and 'Shobha' having been shown as a petitioner although CIS showed no order joining her; the advocate's praecipe submission was accepted. The petitioner was directed to present the petition before the office to verify that the amendment is properly carried out per the order dated 12.08.2024, to upload the proper amended petition with the earlier title within two weeks (the copy in the drive dated 26.11.2024 being apparently proper and to be considered by the department), and to file the proper consent affidavit of Shobha Waghmare or take steps to serve the citation upon her, failing which the petition is to be listed on the board for further direction according to law in the second week of June 2025.

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 02^nd May, 2025

NOT ON BOARD, TAKEN ON BOARD :

157.TP/89/2024 P.C.: Shri. Rahul Sagar i/b Vaishali Gangawane Ld. Advocate for the

Petitioner

Ld. Advocate for the Petitioner moved a praecipe dated 02.05.2025 and thereby submitted that, final order has been passed and department has raised an objection that, amended petition is properly not uploaded. Hence, he seeks permission to upload the petition again properly. He submitted that Shobha is the legal heir, who consented to the petition, by filing her affidavit. However, while uploading her consent affidavit, Ld. advocate annexed the new page to the petition, in which Shobha is also shown as a one of the petitioner. This new page came to be uploaded in the amened petition. Hence, he submitted that the amended petition is not proper.

Perused original petition. In this petition, two petitioners, namely SACHIN VASANT WAGHMARE and SUREKHA PRADEEP GHODKE NEE SUREKHA VASANT WAGHMARE. This first page bears the Notary seal. However, in amended petition, this page is missing. It appears that the Ld. advocate for the petitioner affixed the new page. However, upon perusal of CIS, it appears that there is no order to join new petitioner, namely Shobha. Vide an order dated 12.08.2024, the petitioners were allowed to add legal heirs of Vasant in paragraph No.4 of the petition, being one of the legal heir of the deceased. Hence, amended petition is not proper, as per the amendment order dated 12.08.2024.

Hence, submission is accepted.

Petitioner to present the petition before the office to verify that amendment is properly carried out as per the Order, dated 12.08.2024. The petitioner to upload the proper amended petition with earlier title within two weeks from the date of uploading this order, if petition is pending. Petition available in the drive dated 26.11.2024 is appeared to be proper. Hence, the department may consider this petition, as well. Ld. advocate for the petitioner to do the needful, to remove these objections.

Furthermore, the petitioner to file the proper Consent

affidavit of the Shobha Waghmare or take steps to serve the citation upon the said Shobha.

If consent affidavit of Shobha is not filed, then petition be listed on the board for further direction, according to law, in second week of June 2025.

02.05.2025 Officer on Special Duty, with Testamentary Department