1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE SUCCESSION APPEAL NO.105 OF 2009 IN CHAMBER SUMMONS NO.59 OF 2008 IN TESTAMENTARY SUIT NO.65 OF 2002 IN TESTAMENTARY PETITION NO.802 OF 1999 Roshan Niranjan Parikh. ...Petitioner/Plaintiff (Since deceased) Mrs.Rhoda S.Balaporia & ors. ...Appellants. vs. Mr.Shisir N.Parikh & others. ...Respondents. --- Mr.V.S.Bhadkamkar, for Appellants. Mr.R.D'Souza i/b. Pankaj Thatte, for Respondent no.1. Mr.Rishabh Shah i/b. Ms.B.Dalal, for Respondent no.4. --- CORAM: D.K.DESHMUKH & R.S.MOHITE, JJ. DATED: 5th May, 2009. 2 P.C.:- 1. The petition was filed for probate in capacity as executrix. Therefore, rightly, the learned Single Judge has rejected the application for bringing legal heirs of the dead executrix on record. If, according to the appellants, they could have applied for letters of administration with the Will attached then they will have to file a separate petition. In any case, in the chamber summons there is no prayer for conversion of the probate petition into petition for letters of administration. There is no substance in the appeal. The appeal is rejected. (D.K.DESHMUKH, J.) (R.S.MOHITE,J.)