1 ch-summons-3 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Chamber Summons No.3 of 2011 IN Testamentary Suit No.58 of 1994 IN Probate Petition No.569 of 1994 Shri Pandurang Vishnu Parulekar ... Plaintiff/ Petitioner v/s. Smt.Manisha Vinayak Samant & anr. ... Defendants/ Caveators And Shri Anil Ramanath Shahpurkar ... Applicant Mr.Suresh Shah i/by Mehul Shah for Applicant Mr.G.V. Nagarseth i/by J.K. Maladkar for Defts./Caveators. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 24th January 2011 P.C. : 1.The Applicant is the heir of the universal legatee who has expired. One of the executors under the Will of the deceased Vinayak Vasudev Samant has also expired. His wife, who is the other executrix, is stated not to be interested in her executorship. 2 ch-summons-3 2.Counsel on behalf of the Applicant states that the Applicant shall file an affidavit of the wife renouncing her executorship. There are, therefore, no executors who would propound and get probated the Will of the deceased. The reversal legatee has also expired. The Applicant, as one of the heirs of the universal legatee, is entitled to be brought on record and substituted in place of the Plaintiff. 3.The Chamber Summons is made absolute in terms of prayers (a),(b) and (c) subject to the Applicant filing the affidavit of renouncement of the executrix under the Will within one week from today. 4.Upon the amendment of the Plaint, the Applicant as the Plaintiff shall serve a copy of the amended plaint as also the affidavit of renouncement of the executrix upon the Defendants within two weeks thereof. 5.The Chamber Summons is disposed of accordingly. (SMT.ROSHAN DALVI, J.)