SHANTILAL DAYALJI GIRDHAR Vs. BACHHUBHAI MOHANLAL SHAH

JUDGEMENT

(1.) NONE present on behalf of the respondent. Affidavit of service is filed.

(2.) THE petition herein has been filed seeking order for the removal of the respondent as an Executor of the estate of late Smt. Manibai widow of Tribhuvandas Girdhar Thakkar and for mandatory order of injunction restraining the respondent from representating himself as an Executor of the estate of the deceased.

(3.) FEW relevant facts ; the petitioner is a nephew of Smt. Manibai Tribhuvandas Girdhar Thakkar who died at Bombay on 7th July 1982, and who had left her last will being dated 21st November 1981 appointed the petitioner and the respondent as the executors thereof. It may be stated that the respondent is a practicing Advocate.