1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION MISC. PETITION NO.57 OF 2008 IN PETITION NO. 912 OF 2006 Shrinivas Sabaji Naik Dhure .. Petitioner Vs Manisha Murlidhar Bagwe .. Respondent Mr. Uday B. Nighot for the Petitioner Mr. Harish Bhatia with Mr. D. L. Lad for the Respondent CORAM : DR. D.Y. CHANDRACHUD, J DATE : 24th APRIL, 2009. P.C.: 1. The petition is for revocation of the grant of Letters of Administration dated 9th August, 2007 in favor of the Respondent. The Respondent is the daughter of the deceased - Tanaji Tulaji Naik who died on 11th May, 1998. The Petitioner has claimed that on 14th August, 1995, a Will was executed by the deceased in favor of the Petitioner. The Will has not been probated though it is stated that a petition for Probate has been filed before the Court of the Civil Judge, Senior Division at Thane. In the Rma MPT115208240409.sxw 2 absence of Probate at the present stage and having regard to the Provisions of Section 213 of the Indian Succession Act, grant of Letters of Administration in favor of the Respondent cannot be revoked. Learned counsel appearing on behalf of the Petitioner submits that though both the galas and the fruit market as well as residential flat in the co-operative society stand in the name of the deceased, the Petitioner has paid substantial consideration. This is disputed by the Respondent. In exercise of the Testamentary jurisdiction, this Court is not adjudicating upon the title to the estate. If the Petitioner has a legitimate right to claim the title to the property in question, it is only appropriate and proper for him to institute a proper proceeding before the competent Court seeking declaratory and other relief. The Plaintiff would be at liberty to do so. The case for the revocation of the Letters of Administration is misconceived for the aforesaid reasons. The petition shall accordingly stands dismissed. Rma MPT115208240409.sxw 3 (DR. D.Y. CHANDRACHUD, J) Rma MPT115208240409.sxw