Chandka 1 APP-1110-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 1110 OF 2010 IN CHAMBER SUMMONS NO. 64 OF 2010 IN TESTAMENTARY SUIT NO. 78 OF 2009 IN TESTAMENTARY PETITION NO. 551 OF 2009 Hemant R. Shah ..Appellant versus Manoj Navinchandra Shah & Anr. ..Respondents Mr. Hemant R. Shah with Mr. Vishal Thakkar i/b. Mr. Vaibhav Pandya for Appellant. Mr. P. A. Jani and Mr. Vikram Shinde i/b. Vigil Juris for Respondent No. 1. Ms. Shilpa Kapil for Respondent No. 2. CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 01 March 2011. P.C. : 1. This Appeal arises from an order passed by the learned Single Judge on 31 August 2010 in a Chamber Summons taken out by the Appellant for being impleaded as the Second Defendant to a Testamentary Suit (78 of Chandka 2 APP-1110-10 2009). The matter arises in relation to an alleged will dated 20 December 1994 of a testatrix, Ms. Mrudulaben Rajanikant Shah. The Appellant is the brother of the deceased while the First Respondent claims to be her relative. Before this Court it is common ground that the Appellant and the First Respondent are both named as executors to the will. 2. The learned counsel appearing on behalf of the Appellant has stated on instructions that the Appellant accepts his position as executor as well as the will and testament dated 20 December 1994. In that view of the matter, on the joint request of the Appellant and the First Respondent who are the executors the Appellant shall be added as the Second Petitioner to the Testamentary Suit in order to obviate an order of transposition subsequently. Both the learned counsel state that as executors, the Appellant and the First Respondent would be entitled to joint custody of the estate and the residential flat of the deceased being Flat No. 21, situate in the building known as Rajhans at ‘G’ Road, 88, Marine Drive, Mumbai. Learned counsel for the First Respondent has stated that an additional set of keys in respect of the residential flat shall also be handed over to the Appellant. 3. In view of the statement which has been made on behalf of the Appellant and the First Respondent in these terms, the Appeal shall stand Chandka 3 APP-1110-10 disposed of. 4. On the request of the learned counsel appearing on behalf of the Second Respondent, however it is clarified that this is without prejudice to the remedies, if any, that the Second Respondent is entitled to in law in appropriate proceedings. The Appeal is accordingly disposed of. (Dr. D. Y. Chandrachud, J.) (Anoop V. Mohta, J.)