SHONALI KEDAR DIGHE Vs. ASHITA THAM

JUDGEMENT

(1.) What is before me is adjudication of Testamentary Suit No. 14 of 2004 originally filed as Testamentary Petition No. 80 of 2004. Petition was originally filed by one Mr. Vasant Sardal (executor of the Will) of Bipin Gupta (the deceased - testator). There is a history to the proceedings which I will briefly touch upon in the facts narrated hereinafter. Suffice to mention that by order dtd. 3/5/2018, Mr. Vasant Sardal was removed as executor by this Court and in his place Mr. Ketan Trivedi, an Officer of this Court was appointed as Administrator to represent the interest of testator Mr. Bipin Gupta's estate. By order dtd. 16/6/2022, Mr. Ketan Trivedi was replaced by another Officer of this Court i.e. Ms. Kanchan Rane as Administrator and by subsequent order dtd. 22/6/2023, pursuant to superannuation / retirement of Ms. Kanchan Rane, she was replaced by Ms. Shonali K. Dighe, office of this Court as Administrator. Hence, Plaintiff before me is the Administrator appointed by this Court to prosecute the case for seeking probate of the last Will of the deceased. By order dtd. 21/7/2022, this Court permitted Plaintiff to appoint Dr. Sneha Goyal, learned Advocate and Counsel practicing in this Court to espouse and plead the Plaintiff's case. Defendants are Ms. Ashita Tham (sister of deceased), Ms. Monica Uberoi (sister of deceased) and Ms. Pooja Bedi (niece of deceased i.e. daughter of pre-deceased sister Mrs. Protima Bedi). Ms. Pooja Bedi was allowed to be impleaded as Defendant by order dtd. 15/2/2018. Defendants are represented by Mr. Jayakar.

(2.) Briefly stated dispute pertains to the Will of the deceased - Mr. Bipin Gupta who expired on 4/9/2003. The Will is executed on 20/6/2003 according to Plaintiff. It is attested by two witnesses namely Mr. Santosh Raje, Advocate and Mr. Anil Sardal, a Police Officer. There are two Executors named in the Will viz. Mr. Behram Ardeshir and Mr. Vasant Sardal (father of Mr. Anil Sardal).

(3.) The detailed relevant facts and timeline of dates and events which are absolute necessary for adjudication of the present Suit are as under:-