1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION MISC.PETITION NO.78 OF 2007 IN TESTAMENTARY PETITION NO.273 OF 2005 Rebeka Zafar Khan & Anr. .. Petitioners Versus Captain Victor Elijah & Anr. .. Respondents Mr.P.Gunwani i/b. Shiralkar & Co. for petitioners Mr.Jaydeep Mitra with Munir Merchant & Pirzada for respondents. CORAM : S.C.DHARMADHIKARI, J. DATE : 14th November 2008 P.C. . This revocation petition is filed for revocation of grant of probate of the last will and testament of Late Mozes (Deceased). The grant is dated 3rd August 2005, the last will and testament is dated 2nd October 1995 and the Testamentary Petition for probate is numbered as 273 of 2005. During the course of arguments Mr.Gangwani appearing for petitioners contended 2 that the petitioners are invoking jurisdiction of this Court to revoke the grant under section 263(e) of the Indian Succession Act, 1925. He places strong reliance upon the averments and statements in paras 15 and 16 of this petition and submits that, although, the petitioners are aware of the Letter dated 23rd August 2007, which is annexed to the petition itself, yet, it is apparent from a reading thereof that complete account and inventory is not rendered by the executors. In such circumstances, this is a fit case where the grant of probate should be revoked. On the other hand, Mr.Mitra appearing for Executors invites my attention to the affidavit in reply and additional affidavit in reply and states that the respondents have pointed out in the said affidavits that there is some delay in administering the estate but that is on account of circumstances entirely beyond the control of the respondents. They have pointed out the reasons for the delay. They have 3 also given details as to how the estate was dealt with. 3. After the matter was argued for some time, a grievance was made by Mr.Gangwani that despite the statement made on affidavit filed in reply to this petition that accounts have duly been filed, the petitioners have not been forwarded a complete copy of the same. The grievance is that whatever is filed ought to have been forwarded but has not been done till this date. Mr.Mitra, after seeking instructions, makes a statement that within a period of four weeks from today, the respondents would forward to the petitioners, the copy of accounts filed till date in this Court and obtain an acknowledgement from the petitioners, evidencing receipt thereof. In the light of this statement made by Mr.Mitra, after taking instructions, in my view, it is not necessary to go into the allegations with regard to non compliance by the 4 Executors of the obligation to file inventory and accounts. Since the statement is made that whatever has been filed till date would be made available, in my view, any subsisting grievance thereafter, cannot be decided and made subject matter of the instant petition. If after receipt of the documents aforesaid from the respondents, there is any subsisting grievance, needless to state that petitioners can approach this Court and seek appropriate reliefs against the executors calling upon them to fulfill their obligation and duties as Executors of the will. All contentions in that behalf of both sides are kept open and the present petition is disposed of. (S.C.Dharmadhikari, J)