- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.65 of 2008 IN TESTAMENTARY PETITION NO. 792 OF 2007 Bhupendra Muljibhai Shah ...Petitioner V/s. Mr. kirit Prabhudas Mehta & anr. ...Respondents Mr. B.M.Shah, petitioner present in person Mr. N. Thakkar, Sr. Counsel i/b. A.G.Shah for respondent no.1 and 2 CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J 18th July, 2008 18th July, 2008 18th July, 2008 P.C. P.C. P.C. . This notice of motion is essentially for revocation of Caveat filed by the Caveators. The Petitioner is the Executor under will dated 12-6-2007. There is an earlier will of the Testator dated 1-6-2004. The Executors in the earlier will have filed Caveat in this petition. It is to be seen whether they have caveatable interest. 2. In the case of Krishnakumar Birla V/s. Krishnakumar Birla V/s. Krishnakumar Birla V/s. Rajendrasingh Lodha (2008 (4) SCC 300) Rajendrasingh Lodha (2008 (4) SCC 300) Rajendrasingh Lodha (2008 (4) SCC 300) it was held that the Executors of the earlier will have caveatable - 2 - interest in the later will. The later will have to be proved first. Consequently, in this case the Caveat already filed cannot be revoked and has to be accepted. The Testamentary Suit No. 47 of 2008 shall proceed. (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J)