Balram Nanikdas Hingorani v. Narain Nanik Hingorani And 2 ORS.

ppn 1 904.mpt-160.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.160 OF 2016 Balram Nanikdas Hingorani ..

Petitioner Vs.

Narain Nanik Hingorani & Ors.

..

Respondents --- Mr.Arif Doctor a/w Mr.Vyaom Shah a/w Ms.Kajal Solanki i/by M/s.Divya Shah Associates for the petitioner. Ms.Kavita Shah for the respondents.

--- CORAM : R.D. DHANUKA, J.

DATE : 21st July 2017 P.C. :

.

The respondent nos.3 and 2 have already renounced the executorship under a Will dated 2nd November 1995 and have filed affidavit along with letter dated 1st July 2017 and by letter dated 14th September 2016 respectively before this Court. The respondent nos.2 and 3 are accordingly discharged as executors. In so far as the respondent no.1 is concerned, the following order is passed by consent of the parties :- (i) The respondent no.1 is discharged as an executor without going into the allegations made by the petitioner against the respondent no.1.

(ii) It is further agreed that the respondent no.1 would join the petitioner herein and would jointly apply for Letters of Administration with a copy of the Will dated 2nd November 1995 annexed in respect of the estate of the deceased Lachman Hingorani who expired on 6th February 1996.

ppn 2 904.mpt-160.16.doc 2.

Miscellaneous Petition No.160 of 2016 is disposed of in aforesaid terms. No order as to costs.

R.D. DHANUKA, J.