IN ITS COMMERCIAL DIVISION v. Ketan Kishoredas Mehta
Case at a glance
Key paragraphs
- Para 33. As the other executor had reserved his right of executorship, the draft amendment is allowed. Amendment to be carried out within a period of three weeks.
Judgment
—————— Mr. Gaurang Mehta a/w. Ms. Vidhi Dharia and Mr. Ameya Mahajan, for the Petitioner. Ms. Khushboo Chughani I b. Markand Gandhi & Co., for the Respondent. —————— CORAM : SHARMILA U. DESHMUKH, J. DATE : JANUARY 14, 2026 P. C. :
#1. Learned counsel for the Petitioner tenders the draft amendment. The same is taken on record. He submits that the Petitioner as one of the executors of the Will had filed the present Petition whereas the other two executors has reserved their right of executorship. He submits that the Petitioner expired on 9 th January, Vishal Parekar 1 of 2 2026 and now the other executor who is the son of the deceased has instructed the learned counsel for the Petitioner to amend the Petition for being substituted as executor in the Will of the deceased.
#2. Learned counsel for the Caveator does not oppose the said application.
#3. As the other executor had reserved his right of executorship, the draft amendment is allowed. Amendment to be carried out within a period of three weeks.
#4. The affidavit in rejoinder is tendered in Interim Application and is taken on record.
#5. Stand over to 4th February, 2026. [SHARMILA U. DESHMUKH, J.] Vishal Parekar 2 of 2
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