JAGDISH D MEHATA Vs. SUNEEL ANANT SEDHPANDE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The following questions of some importance have been raised in these proceedings:

(3.) The factual matrix, sans unnecessary details, is as follows: The plaintiff filed a petition for probate of the last Will and testament dated 2nd June, 1988 of Dr.Anant Rajaram Deshpande. He died at Bombay on or about 16.8.1988. The plaintiff is the sole executor named in the Will. The defendant Suneel Anant Deshpande was the son of Dr.Anant Deshpande. After service of a citation, Suneel Deshpande had filed caveat and objected the grant of probate. The caveator - Suneel also died at Bombay on 3rd January, 2007 leaving the Will dated 23rd May, 2003, whereunder he appointed his widow -Meena Suneel Deshpande and his two daughters, namely, Sujata Rohit Tarkunde and Renuka Tushar Damle, as executors of his Will and Trustees of his estate. The advocates of the heirs of Suneel by their letter dated 5th February, 2007 addressed to the advocates for the plaintiff informed them the names of the heirs and next of kin of deceased - Suneel with their residential addresses expecting them to take out appropriate proceedings to bring them on record. The plaintiff, however, have not taken any steps to bring the heirs and legal representatives of the deceased caveator on record.