ASN 1 Appeal-35.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 35 OF 2011 IN MISC. PETITION NO.37 OF 2009 IN PETITION NO.795 OF 2007 Priya Anand and anr. ..Appellants. Vs. Jaswant Singh Sachdev and ors. ..Respondents. Ms. Rajani Iyer, Sr. Advocate with Mihir Mody and Ms.Luann Crasto i/by M/s. K.Ashar & Co. for the Appellants. Mr.A.Y. Bookwala, Sr. Advocate with Mr. Jaideep Raut and Rupesh Jaiswal i/by K.K.Associates for Respondent Nos. 1 to 5. Ms. Jyoti Ghag i/by Thakore Jariwala Associates for Respondent Nos. 10 to 16. CORAM : MOHIT S. SHAH, C.J. AND S.J. VAZIFDAR, J. Monday, 23rd February, 2011 PC : This appeal is directed against the judgment dated 15th November, 2010 by the learned Trial Judge of this Court dismissing the Misc. Petition No.37 of 2009 for revocation of Letters of Administration granted by the Trial Court in respect of the property which belonged to one Jaswant Singh Sachdev ( since deceased). Jawant Singh Sachdev died intestate and therefore, respondent Nos. 1 and 2 have applied for Letters of Administration . The Trial Court granted the Letters of Administration on 17th April, 2008. The present appellants nine in ASN 2 Appeal-35.sxw numbers have filed Misc. Petition No.37 of 2009 for revocation of Letters of Administration granted by order dated 17th April, 2011. The Trial Court dismissed the said revocation petition. 2 At the time of hearing of this appeal, Ms. Rajani Iyer, learned counsel appearing for the appellants (Petitioner Nos.1&2 in Revocation Petition), learned counsel appearing for Respondent Nos. 1 to 5 in this appeal and Mrs. Jyoti Ghag for Respondent Nos. 10 to 16 state that the parties to this proceedings have arrived at an amicable settlement. Ms. Rajani Iyer, learned counsel for appellants states that Appellant No.1 Ms. Priya Anand who is present in Court state that the other respondent Nos. 6 to 9 who are not represented by any Advocate also support the appellants and are agreeable to the order which is being passed by this Court with the consent of the parties, who are present in Court. 3 Accordingly, at the joint request and with the consent of the parties, appeal is partly allowed in terms of the following order. ORDER a) The Letters of Administration granted by Order dated 17th April, 2008, to Respondent Nos. 1 and 2 do stand modified to the extent that the same shall now stand jointly granted to Appellant No.1, Respondent No.1, Respondent No.2 and Respondent No.12, to this Appeal and further that the ASN 3 Appeal-35.sxw Schedule of Properties is to include Flat No.304, New Shantivan Co-op. Housing Society Ltd, New Link Road, Andheri (W), Mumbai. b) The Holders of the Letters of Administration shall not deal with any of the remaining properties in respect of which the aforesaid grant is given without making an application to the appropriate Court for leave to deal with the said properties. c) The appellants will be at liberty to proceed for accounts and compliance with the requirements of law by Respondent Nos. 1 and 2 in respect of the grant previously given to them in respect of their actions thereunder to date. d) This order is passed without prejudice to the rights and contentions of all the parties including in respect of the proceedings adopted by the appellants in the Delhi High court. e) This order is passed also without prejudice to the rights and contentions of Respondent Nos. 1 and 2, to contend that they have acted bonafide and that the family settlement is binding upon the parties. f) The Prothonotary and Senior Master of this Court shall ASN 4 Appeal-35.sxw issue a fresh modified grant. g) The parties to act on a copy of this order duly authenticated by the Associate of this Court. h) No order as to costs. Appeal is accordingly disposed of. CHIEF JUSTICE S.J. VAZIFDAR, J.