1 CST.58.2011-TP.873.2006.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 58 OF 2011 IN TESTAMENTARY PETITION NO. 873 OF 2006 Kamalarani Kasturilal Sodhi ...Deceased Kailashchandra Kasturilal Sodhi ...Petitioner Vs. Narendrakumar Kasturilal Sodhi & Anr. ...Respondent Ms. Soniya Putta i/b. M/s. Soloman & Co., for the Petitioner CORAM : SMT. ROSHAN DALVI, J. DATED : 1ST JULY, 2011 P.C. : 1. The Plaintiff has sought amendments in the Petition. The Executors who did not apply for probate initially have agreed to apply for probate. The Petition was for grant of probate until the Executors applied for it and reserving their right. Since the Executors have agreed to apply for probate and prosecute the probate petition the amendments sought are required to be granted. 2. The Chamber Summons is served on both the Executors by personal service upon one of them for self and on behalf of the other who is his brother. 3. The Chamber Summons is made absolute in terms of prayer (a). 2 CST.58.2011-TP.873.2006.sxw 4. The Plaintiff shall carry out the necessary amendments in the Petition within 2 weeks. 5. The Plaintiff shall also serve the copy of the Petition upon the Executors as the Plaintiffs. The Executors shall file the Executor’s oath as per procedure of the Testamentary Court. The Executors shall diligently prosecute the Petition. (SMT. ROSHAN DALVI, J.)