1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO. 11 OF 2010 IN MISC. PETITION NO. 21 OF 2009 IN TESTAMENTARY PETITION NO. 123 OF 1985 Kusum Shantilal Shah .. Petitioner V/s Mohan Gangaram Patil .. Respondent And Abhay Shantilal Shah .. Applicant Mr. J.S. Kini i/b Mr. Suresh Dubey for the applicant, in support. Mr. V.Y. Murudkar for the respondent. CORAM : D.G. KARNIK, J. DATE : 16th APRIL 2010 P.C. : 1. By this chamber summons, the applicant prays for his substitution in place of his mother (the original petitioner) who has died during the pendency of the petition. 2 2. The original petition being Misc. Petition No.21 of 2009, was filed by the mother of the applicant for removal of the respondent from the post of an executor of the Will of late Raosaheb Balram Thakur, inter alia, on the ground that the respondent was not managing the property properly and was not performing the duties of an executor as were required by law. Besides, the original petitioner being one of the co- executors of the Will was also a beneficiary under the Will. On death of the original petitioner, the applicant being her heir inherited her property. In the circumstances, the applicant has interest in the property for its proper management, as such the right to sue survives in the applicant. 3. The chamber summons is taken out within time. 4. In the circumstances, the chamber summons is made absolute in terms of prayer clause (a). (D.G. KARNIK, J.)