- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.16 of 2008 IN MISC. PETITION NO. 50 OF 2004 IN TESTAMENTARY PETITION NO.85 OF 2002 Ajaykumar Ganga Prasad Mishra & ors. ...Petitioners V/s. Mahendra Windvasni Singh ...Respondent Mr. A.Yadav i/b Mr. R.O. Pathak for the petitioner CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J 14th July, 2008 14th July, 2008 14th July, 2008 P.C. . Prayer (a) has already been granted. The Petitioners rely upon a later will executed by the Testator in Petition No. 85/2002. The Petitioners shall have to file a Probate Petition to get that will probated as per law. The Petitioners shall have to lodge that original will in the office of the Prothonotary and Senior Master. 2. The Probate has already been granted on 7-11-2003 in Petition No. 85/2002. The Executors in that will shall have to administer the estate of the deceased as per the probate granted, unless the Petitioners obtain a fresh probate of the later will. - 2 - 3. The Testator expired on 25-8-2000. The will for which Probate Petition is to be filed is said to be dated 22-1-2000. The Petitioners have delayed the filing of the Probate Petition. In the meantime, probate has been granted of the earlier will. It is for the Petitioners to file their petition and obtain probate. In the meantime, prayer (b) for examination of attesting witnesses in the will for which no probate petition has been filed cannot be granted. Prayer (b) is refused. 4. Since the petitioners have not taken any steps from the year 2000 for grant of probate, prayer (c) is also refused. The Chamber Summons is disposed of accordingly. (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J)