NANU NARAYEN KOTHARE Vs. ADVOCATE GENERAL OF BOMBAY

JUDGEMENT

(1.) This is an Originating Summons taken out by Mr. Nanu Narayan Kothare, the sole surviving executor of and trustee under the will of, the late Chanda Ramji against the Advocate-General of Bombay wherein he prays for sanction of the Court to divert a portion of the residue of the estate dedicated under the will of his testator to the Nek Sewa of the Thakorji to more useful charitable purposes as he finds that the residue is far larger than is necessary for the efficient performance of the Neok Sewa. He also asks for sanction to certain other proposals for the sale and purchase of property more fully set out in the plaint.

(2.) On the argument of the summons the Advocate-General appeared before me in person and he signified to me his approval of all the proposals made in the plaint and did not suggest any modifications. Since the matter was argued before me I have had the decree in the previous suit, referred to in the course of the argument, placed before me. That decree is a consolidated decree in two suits, viz. suit No., 261 of 1896 andNo. 439 of 1897. The question as to whether a bequest to an idol is valid or not in Bombay is for the purpose of the present suit at all events set at rest by a declaration in that decree that " the residuary devise to the Thakorji contained in the said will is a good and valid bequest in law."

(3.) The Advocate-General seems to have considered the question of a possibility of escheat to Government and he has not considered it necessary to make any application to me to make the Secretary of State party to the suit.