:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY AND INTESTATE JURISDICTION AND INTESTATE JURISDICTION AND INTESTATE JURISDICTION MISC MISC MISC PETITION NO. 71 OF 2008 PETITION NO. 71 OF 2008 PETITION NO. 71 OF 2008 IN IN IN PETITION PETITION PETITION NO. 95 OF NO. 95 OF NO. 95 OF 2007 2007 2007 Mr. Khushaldas Lalchand Joukani. ... Deceased. Mr. Abhay Ghanshyamdas Joukani. ...Petitioner. And Bimal Kalyandas Joukani. ... Applicant. Mr. Deepak Chitnis for the Petitioner in MPT 71/08. Ms. U.M. Jhaveri for the Petitioner in TP 95/07 Mr. Vora i/b. S. Kamat for Third Party. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 12TH 12TH 12TH DECEMBER 2008. DECEMBER 2008. DECEMBER 2008. P.C. P.C. P.C. : : : . On this Petition an order was passed by me on 5th December 2008. 2. The order records the circumstances in which the Petition for Revocation is filed and the Application for interim relief was made therein. 3. Now, at the stage of passing final orders in this Petition, Mr. Vora appearing for the Third Party Mr. Jatin Joshi submits that it will not be possible to close the matter by accepting a sum offered by the original Petitioner even if it is sought to be repaid with interest. There are certain rights created in favour of the Third Party and unless the Third Party is given an opportunity to assert them and claim appropriate reliefs, grave prejudice and loss will be caused to the Third :2: Party. In such circumstances, he prays that even if orders are passed on the Revocation Petition, this Court may issue appropriate clarification protecting the rights and remedies of the third party. 4. It is not necessary to once again set out the detailed facts inasmuch as all averments and statements in the Revocation Petition are undisputed. The Original Petitioner does not dispute the fact that the deceased has made a will and that under the Will he desired that a Trust be created in that property. Accordingly, a Trust has been registered as a Public Charitable Trust by the Assistant Charity Commissioner. 5. In such circumstances, the Revocation Petition succeeds and it is made absolute in terms of prayer clause (a). 6. All concerned to act on authenticated copy of this order. Needless to state that this order does not prevent the Third Party Mr. Jatin Joshi from instituting and prosecuting appropriate proceedings and claiming necessary reliefs therein. All contentions in that behalf are kept open and without prejudice to the rights and contentions of parties in such proceedings, this Petition is made absolute. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)