MANOJBHAI HASMUKHBHAI ASHARA Vs. NA

JUDGEMENT

(1.) The court is convened through video conference.

(2.) By way of this petition the petitioner prayed to quash and set aside the order dtd. 20/10/2021 passed below Exh.24 by the learned Principal Civil Court at Rajkot in an amendment application filed in Misc. Civil Application No. 1361 of 2014 and to amend the property description.

(3.) The brief facts of the case are that the petitioner is son and his father namely Hasmukhbhai Tulsidas Ashara died intestate (without a 'Will') on 17/1/2006. That, the father owned a property located at Sub Plot No. 2, Street No. 1/7 corner, land admeasuring 62.628 Sq. mtrs, Lati Plot, Sadgurunagar, Rajkot. That, the original property was admeasuring 438.40 Sq. mtrs which was in joint names of 7 persons and in the said property deceased Hasmukhbhai Tulsidas Ashara was having 1/7 share. That, the said property was obtained by deceased Hasmukhbhai Tulsidas Ashara, by vitrue of an order dtd. 7/5/1994 passed by the learned 4th Joint Civil Court (SD), Rajkot in Special Civil Suit No. 182 of 1993. That, the petitioner applied for a heirship certificate before the concerned learned Civil Court on 17/10/2014. That, as per the routine practice and provisions, an advertisement in a prominent newspaper was given, against which no objections were received. That, the certificate was issued by disposing the application on 30/4/2015, therefore, the petitioner was having full ownership of the property in question. That, the petitioner recently came to know that there is minor typographical error in the description of the property i.e. correct: Sub Plot No. 2, Street No. 1/7 and Incorrect typographical error version: Sub Plot No. 4, Street No. 8/3 and rest of the property description was correct in the heirship certificate. That the petitioner filed an amendment application before the same concerned learned Court but the learned Court dismissed the amendment application mainly on the following three grounds (a) the prayer to amend is an altogether a new prayer (b) the learned Court has not committed any mistake and (c) there is delay in filing the application.