1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION MISC. PETITION NO. 22 OF 2009 IN TESTAMENTARY PETITION NO.516 OF 1988 Zarina Dadi Palkivala and ors. .....Petitioners. Vs. State Bank of India and ors. .....Respondents. Mr. K. Tamboly i/by Crawford Bayle & Co. for the petitioners. Ms. Kavita Anchan i/by M/s. M.V.Kini & Co. for the Respondent No.1. CORAM : R.S. MOHITE, J. DATE : 30th July, 2010 PC : 1 As per my earlier order dated 23.7.2010, a statement of account is furnished by the executor bank dated 29.7.2010 . Similarly affidavit in reply of the respondent No.1 is also tendered. 2 Heard both sides. On perusal of the will and in particular Clause Nos.8 and 11 of the petition, I find that all that was bequeathed to the present petitioner were the wearing apparel, furniture and all other articles, goods and effects of personal domestic or house use consumables and curios . The said Will specifically mentions that no further provision was made 2 for the petitioner under the will. 3 As regards the residuary estate, the same is dealt with in Clause 11 of the Will and the residuary estate after payment of certain amount was given to the 11 persons who are mentioned in clause 11. It is the case of the petitioner that the persons mentioned in Clause 11 are not claiming the benefit of the propriety bequeathed to them under the Will. Some of these 11 persons according to him are dead. It is therefore, his case that he would be entitled to the various unclaimed articles including the jewellery on the footing that deceased died intestate. It is therefore, his case that he would be entitled to the various articles including jewellery on the footing that deceased died intestate and in accordance with the regular provisions governing succession as applicable to parsis. In my view, such a prayer cannot be made in this application. If the petitioner wants to claim any right or title to properties of the deceased on the footing that he can claim the same under ordinary law and not as bequeathed of the Will, he will have to file a separate proceeding. With liberty to file a separate proceeding, present petition is dismissed. (R.S. MOHITE,J.)