1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 64 OF 2009 IN TESTAMENTARY PETITION NO.134 OF 1992 Jagannath Vasu Shetty ...Petitioner And Sadanand Annappa Shetty ...Applicant/ Proposed Petitioner. ----- Mr. M.D. Naik for Applicant Mr.A.S. Karwande for Respondent ----- CORAM: V.M. KANADE J. DATED: 5TH FEBRUARY, 2010 P.C. 1. The present Chamber Summons has been filed by the Applicant for transposing him as the Petitoner in the place of the existing Petitioner Jagnnath Vasu Shetty, who was the Executor under the last Will and testament of Shama Siddhu Shetty. It is the case of the Applicant that the deceased Shama Siddhu Shetty executed her last Will and Testament and had appointed two executors, the Petitioner in this petition and one other executor. It is an admitted position that the second executor  Raghunath Shetty expired on 18 th January, 2009 and the present Petitioner -Jagnnath 2 also has expired on 11th July, 2007. 2. The learned Counsel appearing on behalf of the Applicant submitted that the Applicant is a beneficiary under the Will and, therefore, he may be transposed as the Petitioner in the place of the deceased Jagannath Vasu Shetty and he may be permitted to convert this petition into a probate for Letter of Administration with Will annexed. 3. In my view, the relief claimed by the Applicant in this Chamber Summons cannot be granted. The present Petition has abated on account of death of both the executors. Under the circumstances, the Applicant who is a beneficiary under the Will cannot be transposed as a Petitioner in the place of the executor, who has expired. The Petitioner has a right ot apply for letters of administration with will annexed since he is a beneficiary under the Will. The Applicant, therefore, is at liberty to file a separate petition for Letters of Adminstration with Will annexed. 4. All the contentions of the parties are kept open. 3 5. Chamber Summons is accordingly disposed of. (V.M. KANADE J.)