1 NMT 17.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE CIVIL JURISIDCTION NOTICE OF MOTION NO. 17 OF 2011 IN PETITION NO. 984 OF 2010 Mrs. Parvati Chandrasen Poy. ... Deceased. Kirit Navnitlal Damania. ... Petitioner. V/s. The Secretary, Trimurti Co.op. Housing Society Ltd. ... Respondents. Mr. D.R. Mishra for the Petitioner. None for the Respondent. CORAM : R.Y. GANOO, J. DATED : 10th MARCH 2011. P.C. :- By this Petition, the Petitioner wants that the flat more particularly described in prayer clause (a) be opened with the assistance of the staff of the Court, if necessary by broking open the locks. The Petitioner has filed this Petition for probate of Will of Mrs. Parvati Chandrasen Poy. The Petitioner has stated in April 2011 that Mr. Ramchandra M. Wagle is the next of keen. This Motion is taken out without joining said Mr. Ramchandra M. Wagle. Looking to the facts of the case, I hold that it was necessary for the Petitioner to join Mr. Ramchandra M. Wagle as Respondent as he may be able to throw light on the facts as to who hold the key of the respective flat. If the 2 NMT 17.11.sxw name of the person is came to know that who is holding the key of the respective flat, it will facilitate for opening the Suit flat rather than breaking open the lock of the flat. 2. In the affidavit in support the Petitioner should mention what efforts he has taken to ascertain as to whether any person is in Suit flat whether the key of the suit flat is with the society or other related information. All these facts are not found in the affidavit in support. Hence, it would proper if the Petitioner takes out another Motion Motion giving of these particulars and joining Mr. Ramchandra Wagle as Respondent No.2. 3. On hearing this, learned Counsel for the Petitioner applies for withdrawal of this Motion with liberty to file new Motion by giving necessary particulars and join Mr. Ramchandra Wagle as Respondent No.2. The Motion is allowed to be withdrawn with no order as to costs with liberty to take out new Motion by joining Mr. Wagle as Respondent No.2. (R.Y. GANOO, J.)