:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION MISC. PETITION NO. 31 OF 2009 MISC. PETITION NO. 31 OF 2009 MISC. PETITION NO. 31 OF 2009 IN IN IN PETITION NO. 629 OF 2007 PETITION NO. 629 OF 2007 PETITION NO. 629 OF 2007 In the matter of discharge of the petitioner as Executrix of the Estate of Dolly Dorabji Contractor. Mrs. Mehroo Jimmy Bamji ..Petitioner Mr. Cyrus Ardeshir i/b. M/s. Madekar & Co. for Petitioner. CORAM : DR. D. Y. CHANDRACHUD, J. CORAM : DR. D. Y. CHANDRACHUD, J. CORAM : DR. D. Y. CHANDRACHUD, J. DATE : 29TH APRIL, 2009 DATE : 29TH APRIL, 2009 DATE : 29TH APRIL, 2009 P.C. P.C. P.C. 1. The petitioner is the executrix under a Will executed by Dolly B Contractor on 24.4.1996. The Probate of the Will was granted on 11.1.2008. The Probate was amended on 27.6.2008. Under the Will three executors came to be appointed, viz., the petitioner, Mr. Z. M. Bhathena and the third, who predeceased the testator. The petitioner and Mr. Z. M. Bhathena are hence the two executors. 2. The petitioner has applied for being discharged as an executrix and for amendment of the Grant. The ground is that the spouse of the petitioner is suffering from a serious medical :2: condition and is almost completely paralysed. It has been stated that he is unable to look after himself, which warrants that the petitioner devote herself to looking after him. The medical certificate of Dr. Keki E. Turel, Professor & Head of the Department of Neurosurgery, Bombay Hospital Institute of Medical Sciences, is annexed. The other executor Mr. Z. M. Bhathena has by his letter dated 20.3.2009 expressed his readiness and willingness to administer and distribute the estate of the deceased in accordance with her wishes as contained in the Last Will and Testament, which has been probated. Under clause 19 of the Will, the Testator has expressed her desire that all the work of distribution should be done by the senior executor Mr. Z. M. Bhathena in accordance with the clauses of the Will. 3. The circumstances which have been indicated in support of the petition justify the grant of reliefs sought. The spouse of the petitioner is suffering from a medical disorder and the petitioner who is nearly 60 years herself, is unable to devote the time necessary for the performance of her duties as an executrix. The petition is accordingly made absolute in terms of prayer clause (a). :3: (DR. D. Y. CHANDRACHUD, J.) (DR. D. Y. CHANDRACHUD, J.) (DR. D. Y. CHANDRACHUD, J.)