MUKESH RAMANLAL GOKAL Vs. ASHOK JAGJIVAN GOKAL

JUDGEMENT

(1.) By this petition, petitioner seeks setting aside of the orders dated 4th August, 2011 and 6th August, 2011 passed by the Prothonotary and Senior Master permitting the respondent to amend probate granted by this court on 13th December, 2007 and seeks dismissal of the application for amendment made by the respondent dated 4th August, 2011. Some of the relevant facts for the purpose of deciding this petition are as under :

(2.) Petitioners along with Mrs. Meena Rajani, Shailesh Gokal and Mrs. Sushila Gokal are the legal heirs of Mr. Ramanlal Gokal as per Hindu Succession Act, 1956 who expired on 22nd March, 2007 (hereinafter referred to as the said deceased). The deceased had left will dated 25th January, 2005 and codicil dated 28th June, 2006. Respondent was one of the executors named in the said Will and testament of the deceased on 25th January, 2005. On demise of the said deceased, respondent being one of the executors, of the Will filed Probate Petition (733 of 2007) for grant of probate of the Will and Codicil in this court. The respondent filed schedule of assets along with the said testamentary petition. One of the properties of the deceased which was described at Item No. 2 of the said schedule of assets filed along with the testamentary petition is extracted as under :

(3.) The respondent thereafter amended the said schedule of assets. As far as item No. 2 in the original schedule of assets which was in respect of the Mercantile House is concerned, the same was amended as under :