1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.99 of 2008 In Petition No.98 of 1993 Arun Keshav Karambelkar .. .. Petitioner v/s. Mrs.Mangal Suresh Thakur .. .. Applicant (Orig. Caveator) And Mrs.Vijaya Arun Karambelkar & ors. .. Respondents Mrs.P.V. Abhyankar for Caveator. Mr.Shalesh Kumar for Petitioner. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 19 th September, 2008 P.C. : 1. The Executor, who is the Petitioner, under the Will of the deceased Sitaram Anant Karambelkar expired. His heirs cannot be Executors of the Will. The Petitioner was also a beneficiary. His heirs will continue to be the beneficiaries. However, they cannot administer the estate in the place and stead of their predecessor- in-title, the Petitioner. In the case of Thrity Sam Shroff vs. Shiraz Byramji Anklesaria & anr., 2007 (4) Maharashtra Law Journal 56, it has been held that when an Executor dies, the Petition abates. Consequently, the Chamber Summons is made absolute in terms of prayer (a). The consequences shall follow. Since the 2 sole Executor has expired, the Petition shall be amended to be for Letters of Administration with the Will annexed. The Petition shall proceed accordingly. [SMT.ROSHAN DALVI, J.]