1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY T. & I. J. MISC. PETITION NO.17 OF 2009 Kunda Arvind Wagle. ...Petitioner. Versus Vidyut Anant Waigankar. ...Respondent. ....... Mr. B.G. Saraf for the Petitioner. Dr.Santosh D.Raje for the Respondent.. ...... CORAM : DR. D.Y. CHANDRACHUD, J. September 4, 2009. P.C.: The case of the Petitioner is that the deceased Mangala Manohar Pagedar,. who was her sister, died on 23rd May 2002, leaving behind a will dated 10th April 2002. The Petitioner claims that the original of the will is in the possession of the Respondent and that since the Respondent has been named as an executor therein, the Respondent may be called upon to either accept or renounce executorship. The Petitioner claims to have a photo copy of the alleged will in her possession. The Learned Advocate appearing on behalf of the Respondent states that the Respondent was unaware of the deceased having left behind any will and it was only on 31st December 2008, that the Respondent obtained knowledge of the 2 existence of such an alleged will. In any event, it has been stated on behalf of the Respondent by the Learned Advocate that the Respondent does not wish to act as an executor. In view of the statement which has been made by the Respondent, it would be open to the Petitioner to take recourse to such remedies as are open in law. It is needless to add that this Court has no occasion to adjudicate upon the authenticity of the will which will be decided in appropriate proceedings. The Learned Advocate appearing on behalf of the Respondent has also stated before the Court that the Respondent has neither applied for probate, nor has she intermeddled with the estate of the deceased. The Misc. Petition is disposed of accordingly. ......