INDRESH SHAMSUNDER ADVANI Vs. GOPI TARACHAND ADVANI

JUDGEMENT

(1.) THIS common judgment will dispose of contempt petition no. 66 of 2003 as well as notice of motion no. 2678 of 2003 taken out in the said contempt petition and notice of motion no. 1598 of 2004 in testamentary suit no. 4 of 2004.

(2.) AT the outset, it would be appropriate to advert to the family tree of the parties. The same reads thus : family tree tarachand rochiram advani (died on 5-8-1958) gopi tarachand' advani (wife) (defendant) manik advani shamsunder advani tulsi miskita son son daughter (deceased) (died on 2-6-2001) kalavati (wife of deceased) (respondent no. 2) indresh advani karishma mahtani (son of deceased) (daughter of deceased) (married) (married) (plaintiff) (Respondent no. 1)

(3.) THE plaintiff indresh shamsunder advani filed petition no. 819 of 2002 before this court praying for issuance of letters of administration with the will annexed of the property and credits of the deceased shamsunder advani, his father, in his favour, having effect throughout the state of maharashtra. The said petition was disposed of by order dated 10th april, 2003. However defendant gopi tarachand advani (mother of the deceased), later on filed miscellaneous petition no. 29 of 2003, praying for recall of, revocation and cancellation of the order granting letters of administration with will in favour of the plaintiff dated 12th may, 2001, the said petition came to be allowed by judgment and order dated December 16, 2003 (justice s. k. shah ). In the said judgment, it has been found that the citation was not properly served on the defendant and the grant of letters of administration in favour of the plaintiff, was inappropriate. Besides filing the misc. Petition no. 29 of 2003, the defendant had also taken out notice of motion no. 1491 of 2003, by order dated 7th may, 2003, this court granted ad interim relief in terms of prayer clause (d) of the said motion which reads thus: -