1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.1222 OF 2009 IN SUIT NO.3218 OF 1988 Rekha alias Prabha Harish Israni ..Plaintiff. Vs. Jagdish Vithal Kalgutkar and others ..Defendants. .... Mr. Prakash Ganwani with Mr. A.B. Narvekar i/b Solomon & Co. for the Plaintiff. Ms P.L. Laxmi i/b Divekar & Co. for Defendants 1 and 2. .... CORAM : DR. D.Y. CHANDRACHUD, J. 18th August, 2009. P.C. : 1. The suit has been instituted for the administration of the estate of Laxman Umaji Gadkari in accordance with a will dated 13th April, 1976. In paragraph 19 of the written statement filed by the First and Second Defendants, it has been stated that the Defendants admit that the estate of the deceased should be administered in accordance with the will dated 3rd October, 1971 and a codicil dated 1st May, 1976. The Chamber Summons has been taken out for amendment of the Plaint. Counsel 2 appearing on behalf of the Plaintiff states that for the purpose of the suit the Plaintiff is ready and willing to accept both the will dated 3rd October, 1971 and the codicil dated 1st May, 1976. Accordingly a decree on admission has been sought. Counsel appearing on behalf of the heirs of the First and Second Defendants who have been brought on the record does not oppose the Chamber Summons. The Third Defendant is one of the executors under the will. The Fourth, Fifth and Sixth Defendants who were also named as executors have died. In these circumstances, the Chamber Summons shall have to be allowed by granting the amendment as prayed and by passing a preliminary decree on admission as sought in terms of prayer clause (b) of the Chamber Summons. The Chamber Summons is made absolute in terms of prayer clauses (a) and (b) which reads as follows : “(a) that the leave be granted to the Plaintiff to amend the Plaint as shown in draft amendments to the Plaint shown in the Schedule annexed hereto; (b) that a Preliminary decree on admission be passed in this Suit based on the admission contained in para 19 of the Written Statement dated 16th November, 1989 of original Defendant Nos.1 and 2 ordering and decreeing that the estate of the deceased Laxman Umaji Gadkari be administered in accordance with the provisions of his Will dated 3rd October, 1971 (Exhibit ‘C’ to the 3 Plaint) and Codicil dated 1st May 1976 (Exhibit ‘G’ to the Plaint) under orders and directions of this Hon’ble Court and orders and directions be given and inquiries made in terms of prayer clauses (i), (j), (k), (l), (m) and (n) of the Plaint.” . For the purpose of effecting compliance with the reliefs as sought in prayer clauses (i), (j), (k), (l), (m) and (n), the Commissioner of Accounts shall cause all the necessary enquiries to be made in terms of the preliminary decree. Amendment to be carried out within a period of three weeks from today. *****