IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 854 OF 2006 NO. 854 OF 2006 NO. 854 OF 2006 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 31 OF 2006 OF MOTION NO. 31 OF 2006 OF MOTION NO. 31 OF 2006 IN IN IN MISC. MISC. MISC. PETITION NO. 10 OF 2005 PETITION NO. 10 OF 2005 PETITION NO. 10 OF 2005 Muradkhan M. Babi ] .. Appellant (Ori.Applicant) Versus The Administrator Genl. of Maharashtra ] .. Respondent (Ori.Petitioner) Mr. S.H. Doctor, senior counsel with Ms. J.M. Sidhwa i/b Manoj Bhatt for the appellant. Mr. A.L.N. Khatri i/b M/s. A.L.N. Khatri & Co. for the respondent. CORAM: R.M. LODHA, & S.A. BOBDE, JJ. DATED: 04TH DECEMBER, 2006 P.C. : . Heard Mr. S.H. Doctor, the senior counsel for the appellant and Mr. A.L.N. Khatri, the counsel for the respondent. 2. At this stage, we are satisfied that no case was made out by the appellant for dismissal of the Misc. Petition taken out by the Administrator General. However, in view of Section 11 of the Administrator General’s Act, 1963, in the proceedings initiated by the : 2 : Administrator General to obtain letters of administration, it is always open to the present appellant to appear and establish his claim for the Will of the deceased being probated or grant of letters of administration as next of kin of the deceased. We, thus, observe that if the Chamber Summons taken out by the Administrator General for amendment of the Misc. Petition for grant of letters of administration is granted, the appellant may appear and establish his claim for Will of the deceased being probated or for grant of letters of administration as next of kin of the deceased. If necessary, the appellant may also apply to the learned Testamentary Judge for consideration of the Testamentary Petition No.484 of 2005 along with the present Misc. Petition. 3. With the aforesaid observation, Appeal is disposed of. Sd/- [R.M. [R.M. [R.M. LODHA, J.] LODHA, J.] LODHA, J.] Sd/- [S.A. [S.A. [S.A. BOBDE, J.] BOBDE, J.] BOBDE, J.]