1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.43 OF 2009 IN TESTAMENTARY PETITION NO.284 OF 2006 Ms.Padma Bhulchand Mansukhani & Anr. ...Petitioners. Versus Twin Star Venus Co-op. Hsg. Soc. Ltd. & Anr. ...Respondents. ....... Mr.Nimish Pandya with Ms.Meena Shah i/b. Pandya & Co. for the Petitioners. Mr. Arun Ramkrishna Kela,Member and representative of the Respondent Society prsent. ...... CORAM : DR. D.Y. CHANDRACHUD, J. May 8, 2009. P.C.: The Notice of Motion has been moved by the executor of the Will of the deceased, seeking a direction to the Co-operative Housing Society to register the share certificate of the residential flat (Flat No.62, Venus Building, Cuffe Parade, Mumbai) in the name of the executor to facilitate sale thereof and disbursal of the proceeds to the two beneficiaries. The Society has appeared before the Court through an authorised representative and has submitted to the orders of the Court. In paragraph 4 of the affidavit, it has been stated that one of the two beneficiaries has responded to the communication of the executor by 2 stating that he is not interested in purchasing the flat while the other beneficiary has not yet responded to the notice issued by the executor. In these circumstances, the Notice of Motion is made absolute in terms of prayer clause (a), subject to the express condition that the executor shall act in accordance with the provisions of the Will in regard to the disposal of the property. .....