1 TS.58.06-TP.24.06.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION TESTAMENTARY SUIT NO. 58 OF 2006 IN TESTAMENTARY PETITION NO.24 OF 2006 Dr. Sunil Purshotam V. Mirpuri ...Plaintiff/Petitioner Vs. Mrs. Vinita Shyam Melwani ...Defendant/Caveatrix Ms. Rita Bhatia, Advocate for the Petitioner Mr. T.V. Ganesh, Advocate for the Defendant CORAM : SMT. ROSHAN DALVI, J. DATED : 29TH JUNE, 2011 P.C. : 1. This Petition is filed for grant of Letters of Administration by one of the 5 children of the deceased Smt. Vimla Balramdas Budhrani. It is admitted that the deceased left behind 5 children. Save and accept the Caveatrix and all other 4 children support the Petitioner. Counsel on behalf of both the Petitioner as well as the Caveatrix state that all the 5 children are equally entitled to the property shown in the Schedule to the Petition as the heirs of the deceased Vimla Balramdas Budhrani. 2. The fact that she has left the property shown in the schedule is admitted. The relationship is admitted. No party is shown to be unfit to be an administrator. 3. I am told that the property is in possession of certain 3 rd parties who 2 TS.58.06-TP.24.06.sxw are relatives against whom a suit is pending in this Court. 4. Letters of Administration are required to be granted so that upon that grant the suit can be prosecuted against the parties in possession. The Counsel on behalf of the Plaintiff/Petitioner agrees to be issued a joint grant with the Caveatrix. 5. There are no issues between the parties that require to be adjudicated. The Petition is required to be disposed off under the provisions of Order 15 Rule 4 of the C.P.C. 6. The Petitioner as well as the Caveatrix shall be issued Letters of Administration to the properties and credits of the deceased Vimla Balramdas Budhrani in respect of the property shown in the schedule to the Petition. 7. The drawn up decree is dispensed with. 8. The Petition is disposed off accordingly. (SMT. ROSHAN DALVI, J.)