Amjad Anwar Shahbazker and Anr. v. Mikhail Asif Shahbazker, Minor through His Mother and Natural Guardian Rashmi Madan and Anr.
Case brief
What is this about?
Bombay High Court, Ordinary Original Civil Jurisdiction — Interim Application No. 7075 of 2025 in Suit No. 77 of 2024 (administration suit relating to the estate of Asif Shahbazker). Farhan P. Dubash, J. allowed the Plaintiffs' application to amend the plaint to add a claim for interest and the fact of the Deceased's formal divorce from his second wife, rejecting the Defendants' objections that the amendment changed the nature of the Suit and was belated; Suit was at a pre-trial stage with Issues unsettled. Defendants' rights and contentions kept open; additional Written Statement permitted by 11 March 2026; next date 16 March 2026; no order as to costs. No statute or precedent cited in the order.
What did the court decide?
Applicants/Plaintiffs permitted to amend the plaint in terms of the Schedule at Exhibit A to the Interim Application; Interim Application disposed of with no order as to costs; Defendants' rights and contentions kept open; amendment to be carried out on or before 28 January 2026, amended plaint served and Affidavit-of-Service filed on or before 4 February 2026; Defendants permitted to file an additional Written Statement on or before 11 March 2026; matter listed for further directions on 16 March 2026.