ADIL PHIROZ MAKHANIA Vs. DILIP GORDHANDAS GONDALIA

JUDGEMENT

(1.) By this petition, the petitioner seeks revocation of the probate granted by this court in testamentary and intestate petition No. 701 of 2003 by its order dated 24th May, 2003. The petitioner claims to be maternal cousin of Ms. Roshan Dadi Arsiwalla. The said Ms. Roshan Arsiwalla died on 25th June, 2003 (hereinafter referred to as the "said deceased").

(2.) Some of the facts relevant for the purpose of deciding this petition are as under :

(3.) Mr. Kapadia learned senior counsel appearing for the petitioner submits that petitioner was also one of the legal heir of the said deceased and would fall under schedule II Part 2 of the Indian Succession Act. It is submitted that though Mr.Nadir shah was given a notice by the respondents of filing the petition by way of citation and though petitioner was admittedly a cousin of the said deceased was not served with any citation nor was cited in the said petition filed by the respondents. It is submitted that relation of Mr.Nadir shah and Mr.Pheroze through whom the petitioner is claiming is equal and thus petitioner ought to have been cited in the testamentary petition and ought to have been served with the citation.