Ramesh Surendra Amin vs Bhadra Raojibhai Amin — Bombay HC (2026) — LawSathi Research

Ramesh Surendra Amin vs Bhadra Raojibhai Amin — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Amendment of the schedule of the shares of the parties in Testamentary Petition No. 2817 of 2023 permitted in terms of prayer clause (a) of Interim Application No. 1595 of 2025, to be carried out within one week; reverification dispensed with; amended petition to be served afresh on the Caveators and Caveatrices.

Issue for consideration

Whether Interim Application No. 1595 of 2025, seeking amendment of the schedule setting out the shares of the parties in Testamentary Petition No. 2817 of 2023, should be allowed.

Court's answer

Since the Caveators and Caveatrices were submitting the Court orders duly represented by Ms. Patel, there was no impediment in allowing the application seeking amendment of the schedule of the shares of the parties in the original Testamentary Petition No. 2817 of 2023.

Ratio / Principle

Interim Application No. 1595 of 2025 stands allowed in terms of prayer clause (a); the amendment is permitted to be carried out within one week, and reverification is dispensed with.

Key takeaways

A copy of the amended Petition along with the amended portion is to be served afresh on the Caveators and Caveatrices, who are permitted to file additional Affidavits-in-support of their Caveats to the extent of the amendment granted.ratio¶19
The parties are to exchange pleadings inter se, and the Interim Application seeking dismissal of the Caveat will be heard on the next adjourned date.ratio¶20
Affidavit-in-Reply is to be filed within two weeks, and any rejoinder within one week thereafter.ratio

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Milind N. Jadhav, J., April 17, 2026: Allowed Interim Application No. 1595 of 2025 in Testamentary Petition No. 2817 of 2023 (in the matter of deceased Bhadra Raojibhai Amin) in terms of prayer clause (a), permitting amendment of the schedule bearing on the shares of the parties; amendment to be carried out within one week and reverification dispensed with. Copy of the amended petition with the amended portion to be served afresh on the Caveators and Caveatrices, who were permitted to file additional Affidavits-in-support of their Caveats to the extent of the amendment granted. Parties directed to exchange pleadings; the Interim Application seeking dismissal of the Caveat to be heard on the next adjourned date; Affidavit-in-Reply within two weeks and rejoinder, if any, within one week thereafter.

33.TP.2817.2023.doc

Ajay

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

INTERIM APPLICATION NO. 1595 OF 2025 IN TESTAMENTARY PETITION NO. 2817 OF 2023

WITH CAVEAT NO. 337 OF 2025 WITH CAVEAT NO. 238 OF 2025 WITH WILL NO. 1168 OF 2023 IN TESTAMENTARY PETITION NO. 2817 OF 2023

Ramesh Surendra Amin Applicant / .. Petitioner IN THE MATTER OF Bhadra Raojibhai Amin .. Deceased Ramesh Surendra Amin .. Petitioner

Mr. Ooril Panchal a/w. Ms. Vidhi Gosar and Mr. Aakash Bhatt, Advocates for Petitioner.

Ms. Hetal Patel a/w. Mr. Suraj Shetye and Mr. Himanshu Vyas for Caveator in Caveat No.337 of 2026.

CORAM : MILIND N. JADHAV, J. DATE : APRIL 17, 2026.

P.C.:

Heard Mr. Panchal, learned Advocate for Petitioner and Ms.

Patel, learned Advocate for Caveator in Caveat No.337 of 2026.

In view of the fact that the Caveators and Caveatrices are

submitting the Court orders duly represented by Ms. Patel. There shall

1 of 3

33.TP.2817.2023.doc

be no impediment in allowing the Application which seeks amendment in the original Testamentary Petition No.2817 of 2023, inter alia, with respect to amendment of schedule bearing in respect of the shares of the parties as stated in the schedule which are duly explained in paragraph No.2 of the Interim Application.

In view of the above, Interim Application No.1595 of 2025 stands allowed in terms of prayer clause (a). Amendment is permitted to be carried out within a period of one week from today. Reverification stands dispensed with.

Copy of the amended Petition alongwith amended portion shall be served afresh on the Caveators and Caveatrices. Caveators and Caveatrices to that extent are permitted to be filed additional Affidavit-in-support of the Caveats which they have filed to the extent of amendment which has been granted in accordance with law.

Parties shall exchange the pleadings inter se amongst each other. On the next adjourned date, Interim Application seeking dismissal of the Caveat will be heard by the Court.

Parties are directed to complete their respective pleadings in those Applications inter se without recourse to the Court.

Affidavit-in-Reply is directed to be filed within a period of two weeks from today. Rejoinder, if any, is to be filed within one week

2 of 3

33.TP.2817.2023.doc

thereafter.

Caveators and Caveatrices Advocate are directed by the Court to give affirmed copies of the Caveats and the Affidavit-insupport thereof to the Advocate for Petitioner.

[ MILIND N. JADHAV, J. ]

Ajay Digitally signed AJAYTRAMBAK by AJAYTRAMBAKUGALMUGALE UGALMUGALE Date: 2026.04.18 18:35:02 +0530

3 of 3