BASUDEO DALMIA Vs. STATE

JUDGEMENT

(1.) Pursuant to the order dated 12.4.2010, appearance is entered on behalf of the respondents No. 2 to 10. Though respondent No. 1 is duly served, both by ordinary process as also dasti, none is present on its behalf. It is therefore assumed that the said respondent No. 1 does not wish to contest the present petition. Counsel for the respondents No. 2 to 10 also states that he does not oppose the prayer made in the present petition.

(2.) The present petition is directed against an order dated 21.12.2009 passed by the Additional District Judge, dismissing an application filed by the petitioners for issuance of letters of administration with respect to some articles found in the locker of the deceased, Smt. Indramani Mandelia, after the original petition for grant of letters of administration, was allotted and disposed of on 14.12.2006.

(3.) Briefly stated, the facts of the case are that two separate Wills were executed by Mr. Durga Prasad Mandelia (testator) and his wife, Smt. Indramani Mandelia (testatrix) on the same date, i.e., on 8.2.2003. The testator, Mr. Durga Prasad Mandelia bequeathed all his movable and immovable properties in favour of his wife, i.e., Smt. Indramani Mandelia (testatrix) and appointed the petitioners as joint executors and trustees under his Will. Similarly, the testatrix, Smt. Indramani Mandelia executed a separate Will and also appointed the petitioners as joint executors and trustees under her Will and named all her legal heirs as the beneficiaries under the Will. The testator, Shri Durga Prasad Mandelia expired on 30.5.2005 and the testatrix, Smt. Indramani Mandelia expired on 16.1.2006. On 19.5.2006, the petitioners, being the executors of the two Wills, filed a probate petition for grant of letters of administration/probate of the Wills of the testator and the testatrix, registered as Probate Case No. 455/2006. Respondents No. 2 to 12 were impleaded in the said petition as legal heirs. No objections were filed to the said petition.