pawankumar dhelia vs Jugalkishore Dhelia — Bombay HC (2026) — LawSathi Research

pawankumar dhelia vs Jugalkishore Dhelia — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application allowed in terms of prayer clauses (a), (b) and (c): condonation of delay of 3619 days (9 years 335 days); amendment to Schedule-I of the Petition per the draft Schedule of Amendment annexed as Exhibit-C; Office of the Prothonotary and Senior Master directed to accept the Original Grant dated 16 February 2013 and issue an amended Grant in terms of the amended Schedule-I. No order as to costs.

Issue for consideration

Whether the Interim Application seeking amendment to Schedule-I of Testamentary Petition No. 896 of 2007 should be allowed. +1 more

Court's answer

The Court is satisfied with the reasons set out in the present Interim Application, including the reasons which seek condonation of delay.

Ratio / Principle

The Interim Application is allowed in terms of the prayer clauses (a), (b) and (c).

Key takeaways

Prayer clause (a): the delay of 3619 days, i.e., 9 years 335 days, is condoned.ratio¶25
Prayer clause (b): amendment to Schedule-I of the Petition is allowed in accordance with the draft Schedule of Amendment annexed and marked as Exhibit-C.ratio¶26
Prayer clause (c): the Office of the Prothonotary and Senior Master of High Court Bombay is directed to accept the Original Grant dated 16 February 2013 and to issue an amended Grant in terms of the amended Schedule-I of the Petition.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Farhan P. Dubash, J., order dated 25 March 2026 in Interim Application No. 1192 of 2026 in Testamentary Petition No. 896 of 2007 (probate of the last Will and testament of Jugalkishore Dhelia, deceased). Probate had been granted in favour of Petitioner Pawankumar Dhelia on 16 February 2013; during administration he encountered difficulties necessitating amendment of Schedule-I. Finding the reasons satisfactory, the Court condoned the delay of 3619 days (9 years 335 days), allowed amendment of Schedule-I in accordance with the draft Schedule of Amendment marked Exhibit-C, and directed the Office of the Prothonotary and Senior Master of High Court Bombay to accept the Original Grant dated 16 February 2013 and issue an amended Grant in terms of the amended Schedule-I. Application disposed of; no order as to costs.

8.IA/1192/2026 Pawankumar Vs. Jugalkishore

Digitally signed by AMOL AMOL PREMNATH PREMNATH JADHAV JADHAV Date:2026.03.26 11:07:39 +0530

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

INTERIM APPLICATION NO. 1192 OF 2026 IN

TESTAMENTARY PETITION NO. 896 OF 2007

Pawankumar Dhelia

.. Applicant/Org.

Petitioner no.1

In the matter between

Petition for Probate of the last Will and testament of Jugalkishore Dhelia (Deceased)

Pawankumar Dhelia

.. Petitioner

Mr. Kalpesh R. Satra for Applicant.

CORAM : FARHAN P. DUBASH, J.

DATE : 25^th MARCH 2026

P. C.:

The present Interim application preferred by the Applicant, who is the original Petitioner, seeks amendment to Schedule-I of the Testamentary Petition bearing no. 896 of 2007. By an order dated 16^th February 2013, this Court granted probate in favour of the Petitioner. However, during the course of administration the Petitioner is stated to have come across certain difficulties which necessitate amendment to the Schedule.

This Court is satisfied with the reasons set out in the present Interim Application, including the reasons which seek condonation of delay.

Page 1 of 2

------------------------------------Order dated 25^th March 2026

8.IA/1192/2026 Pawankumar Vs. Jugalkishore

Accordingly, the Interim Application is allowed in terms of the prayer clauses

– (a), (b) and (c) which are reproduced hereunder :

(a) That this Hon’ble Court be pleased to condone the delay of 3619 days, i.e., 9 years 335 days.

(b) That this Hon'ble Court be pleased to allow an Amendment to Schedule-I of the Petition in accordance with the draft Schedule of Amendment annexed hereto and marked as Exhibit-C.

(c) The Office of the Prothonotary and Senior Master of High Court Bombay be directed to accept the Original Grant dated 16th February 2013 and to issue an amended Grant in terms of the amended Schedule-I of the Petition;

The present Interim Application is accordingly, disposed of in terms of the above order with no order as to costs.

( FARHAN P. DUBASH, J. )

Ajay Jadhav

Page 2 of 2

------------------------------------Order dated 25^th March 2026