MAHESH KISHANDAS SHROFF Vs. JAISUKH NAGARDAS BHUTA

JUDGEMENT

(1.) The present Testamentary Suit is filed for probate of what the Plaintiffs propound as being the Last Will and Testament of one Yashwantilika Narottamdas Dalal ("the Deceased") who passed away on 16/4/2002. The Suit is opposed by the Defendants who have filed their respective caveats setting out the grounds/reasons as to why the probate of the will propounded by the Plaintiffs ought not to be granted.

(2.) Before adverting to the rival contentions, it is useful for context to set out the following, viz.

(3.) The Plaintiffs on 3/5/2006 filed Notice of Motion No. 46 of 2006 which was disposed by consent vide an Order dtd. 7/12/2006. By the said Order Parties inter alia agreed that till the captioned Testamentary Suit was pending (i) the fixed deposits which were in the joint names of the Deceased and the Plaintiff No.1 and/or Defendant No.1 were to be deposited in this Court which in turn was to be deposited in a nationalised bank (ii) the Court Receiver, High Court, Bombay was to take inventory of the silver utensils left by the Deceased and sell the same after conducting a valuation (iii) the Court Receiver was to deposit the sale proceeds from the sale of silver utensils in a fixed deposit in a nationalised bank (iv) the valuer from the panel was to take the inventory and carry out valuation of the jewellery left behind by the Deceased in Deposit Locker No.L/1211 with one Vora Safe Vaults Pvt. Ltd; (v) after inventory of the jewellery was taken by the valuer, the said locker was to be closed and sealed by an officer of this Court and Defendant No.1 was to handover the keys of the said locker to the Prothonotary and the Senior Master of this Court.