rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 107 OF 2007 CHAMBER SUMMONS NO. 107 OF 2007 CHAMBER SUMMONS NO. 107 OF 2007 IN IN IN TESTAMENTARY PETITION NO.708 OF 2005 TESTAMENTARY PETITION NO.708 OF 2005 TESTAMENTARY PETITION NO.708 OF 2005 Mahesh Gopinath Dadarkar ..Petitioner V/s. Apurva Mahesh Dadarkar ..Applicant Mr.Rakesh Kumar i/b.Legal Vision for the Applicant. CORAM: S.J. VAZIFDAR J. CORAM: S.J. VAZIFDAR J. CORAM: S.J. VAZIFDAR J. DATE : 22ND FEBRUARY,2008. DATE : 22ND FEBRUARY,2008. DATE : 22ND FEBRUARY,2008. P.C. : P.C. : P.C. : . The Executor who had file the above petition for probate has expired. However, there is a surviving Executor who has not been joined in the above petition for probate. In view of the Judgement of the Division Bench of this Court in Thrity Sam Thrity Sam Thrity Sam Shroff Vs. Shiraz Byramji Anklesaria, 2007(2) ALL MR Shroff Vs. Shiraz Byramji Anklesaria, 2007(2) ALL MR Shroff Vs. Shiraz Byramji Anklesaria, 2007(2) ALL MR 856, 856, 856, prayers (a) and (c) cannot be granted. Nor can the Applicant who is not the executor be permitted to remove the office objection and carry out any amendments to have necessary notice issued. Hence, prayer (c) cannot be granted. : 2 : 2. The office is directed to serve a citation in accordance with section 229 to the surviving Executor. Liberty to adopt appropriate proceeding. In the event, the surviving Executors accept the Executorship and in the event of his being impleaded as a Petitioner, the time to remove the office objection shall stand extended by eight weeks from that date. *******