: 1 : mpt-59-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION MISC. PETITION NO.59 OF 2010 IN SUIT NO. 547 OF 2009 Parvati Harilal Lohar & Ors. .. Petitioners v/s. Balmik Harilal Lohar & Ors. .. Respondents ......... Mr. Harshad Inamdar for the petitioners Mr. B.G. Saraf for respondent nos. 1 and 2. ......... CORAM : R.Y.GANOO, J. DATE : 5th APRIL, 2011 P.C. : 1. Learned Counsel Mr. Sharaf appearing on behalf of the respondents filed additional affidavit of respondent no.1. Same is taken on record. Heard learned Counsel on both sides. Mr. Harilal Jagannath Lohar expired on 1st February, 2007. The present respondents filed Petition for letters of administration as regards estate of late Harilal J. Lohar (hereinafter referred to as the deceased). After the grant of said letters of administration, the present petitioners have filed this Miscellaneous Petition No. 59 of 2010 for revocation of the said grant. : 2 : mpt-59-10=.sxw 2. I have heard learned Counsel on both sides. Learned Counsel for the petitioners submitted that the petitioner no.1 is the wife of the deceased and petitioner nos. 2 and 3 are sons of the deceased. Learned Counsel for the petitioner also made a grievance that Mr. Balkrishna, son of Harilal J. Lohar was not shown as son of Harilal J. Lohar in Petition No.545 of 2009. According to learned Counsel for the petitioners, the omission in not joining the present petitioners as well as Mr. Balkrishna is vital ground so as to revoke grant in regard to letters of administration as no satisfactory explanation is coming forth 3. Learned Counsel Mr. Saraf appearing on behalf of the respondents accepted that though Mr. Balkrishna is the son born out of wedlock between Smt. Rukhmini and Harilal J. Lohar, he has not been joined. On this count itself, I am inclined to set aside the letters of administration granted on 21st January, 2010. Once the letters of administration granted are being revoked, it is not necessary for this Court to go into the question whether the petitioners are the heirs of late Mr. Harilal J. Lohar. Before this Court it was mentioned by the learned Counsel for the petitioners that late Harilal J. Lohar died leaving behind him a Will dated 22nd February, 1997. At this stage I do not wish to express any views on the said aspect. If the petitioners are holding the said Will : 3 : mpt-59-10=.sxw dated 22nd February, 1997 and if they wish to propound it, they are free to do so. 4. For the reasons mentioned aforesaid, I am inclined to allow this Miscellaneous Petition. Hence, following order is passed. ORDER (i) Miscellaneous Petition is allowed in terms of prayer clause (a). There shall be no order as to costs. (ii) Respondents to pay to the petitioners token costs of Rs.3,000/-. Cost condition precedent for future proceedings. (R.Y.GANOO, J.)