1 l. IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.38 OF 2007 MOTION NO.38 OF 2007 MOTION NO.38 OF 2007 IN IN IN TESTAMENTARY TESTAMENTARY TESTAMENTARY PETITION PETITION PETITION NO.315 OF 2007 NO.315 OF 2007 NO.315 OF 2007 Nafis Nafis Nafis Akhtar Akhtar Akhtar Mohammad Moosa Khan & anr.. Applicant Mohammad Moosa Khan & anr.. Applicant Mohammad Moosa Khan & anr.. Applicant vs vs vs The The The Regional Regional Regional Transport Officer, Transport Officer, Transport Officer, Mumbai Mumbai Mumbai (Central) & 1 anr. (Central) & 1 anr. (Central) & 1 anr. Defendants Defendants Defendants Ms.Vaishali Ms.Vaishali Ms.Vaishali Thorat Thorat Thorat for Applicant for Applicant for Applicant CORAM CORAM CORAM : : : S.J.VAZIFDAR, J S.J.VAZIFDAR, J S.J.VAZIFDAR, J DATED DATED DATED : 6th July, 2007 : 6th July, 2007 : 6th July, 2007 P.C. P.C. P.C. 1.1.1. In this petition for probate, the petitioner In this petition for probate, the petitioner In this petition for probate, the petitioner has has has taken out the present Notice of Motion for an taken out the present Notice of Motion for an taken out the present Notice of Motion for an order order order directing respondent no. 1 Regional directing respondent no. 1 Regional directing respondent no. 1 Regional Transport Transport Transport Officer to transfer Janseva Motor Officer to transfer Janseva Motor Officer to transfer Janseva Motor Training Training Training School to the name of the widow of the School to the name of the widow of the School to the name of the widow of the deceased deceased deceased Smt.Shahiva Smt.Shahiva Smt.Shahiva Mohammad Moosa Khan and for an Mohammad Moosa Khan and for an Mohammad Moosa Khan and for an order order order restraining respondent nos. 2 and 3 from restraining respondent nos. 2 and 3 from restraining respondent nos. 2 and 3 from obstructing obstructing obstructing the petitioners from carrying on the the petitioners from carrying on the the petitioners from carrying on the business business business of of of motor training school. The petitioners motor training school. The petitioners motor training school. The petitioners are are are two of the three sons of the deceased. The two of the three sons of the deceased. The two of the three sons of the deceased. The third third third son is one Wasim. He has not been impleaded son is one Wasim. He has not been impleaded son is one Wasim. He has not been impleaded inin in this proceeding. The petitioners shall be at this proceeding. The petitioners shall be at this proceeding. The petitioners shall be at liberty liberty liberty to implead the said Wasim either as a to implead the said Wasim either as a to implead the said Wasim either as a petitioner petitioner petitioner or as a respondent within four weeks or as a respondent within four weeks or as a respondent within four weeks from from from today. today. today. 2.2.2. The deceased left behind him his last will and The deceased left behind him his last will and The deceased left behind him his last will and 2 testament testament testament under which he has bequeathed his under which he has bequeathed his under which he has bequeathed his business business business premises and all vehicles to his said premises and all vehicles to his said premises and all vehicles to his said three three three sons sons sons equally. The will further provided that equally. The will further provided that equally. The will further provided that the the the said sons will be the sole owners of the motor said sons will be the sole owners of the motor said sons will be the sole owners of the motor training training training school with all tenancy rights, furniture school with all tenancy rights, furniture school with all tenancy rights, furniture and and and goodwill goodwill goodwill to use the licences, and vehicles. It to use the licences, and vehicles. It to use the licences, and vehicles. It appears appears appears that respondent no. 1 under its rules that respondent no. 1 under its rules that respondent no. 1 under its rules transfers transfers transfers the the the licence only in the name of the widow licence only in the name of the widow licence only in the name of the widow of of of the deceased. Be that as it may, the the deceased. Be that as it may, the the deceased. Be that as it may, the petitioners petitioners petitioners have no objection to the same being have no objection to the same being have no objection to the same being done done done although it is their contention that the although it is their contention that the although it is their contention that the licence licence licence ought to be transferred in their name. ought to be transferred in their name. ought to be transferred in their name. 3.3.3. However, the said Wasim has not been impleaded. However, the said Wasim has not been impleaded. However, the said Wasim has not been impleaded. ItItIt is is is made clear that he should also be entitled to made clear that he should also be entitled to made clear that he should also be entitled to the the the benefit of this order or under an act done benefit of this order or under an act done benefit of this order or under an act done pursuant pursuant pursuant to this order if he so desires. to this order if he so desires. to this order if he so desires. 4.4.4. Respondent nos. 2 and 3 are the children of Respondent nos. 2 and 3 are the children of Respondent nos. 2 and 3 are the children of the the the deceased deceased deceased from the pre-deceased wife. Under the from the pre-deceased wife. Under the from the pre-deceased wife. Under the will, will, will, no rights have been granted in their favour. no rights have been granted in their favour. no rights have been granted in their favour. The The The respondents have not filed any affidavit in respondents have not filed any affidavit in respondents have not filed any affidavit in reply reply reply though served. though served. though served. 5.5.5. In the circumstances, Notice of Motion is made In the circumstances, Notice of Motion is made In the circumstances, Notice of Motion is made absolute absolute absolute in terms of prayer clauses (a) and (b). in terms of prayer clauses (a) and (b). in terms of prayer clauses (a) and (b).