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1999 Supreme(Bom) 985

S.S.NIJJAR
Darjus Jehangir – Appellant
Versus
Lyla Minoo Ghasvalla and others – Respondent


JUDGMENT - S.S. NIJJAR, J.:---This order will dispose of the report of the Administrator (Justice M.L. Dudhat (Retd.,) dated 8th March, 1999 and Notice of Motion No. 2566 of 1999 in T. I.J. Petition No. 598 of 1990 and the preliminary objections raised by respondent Nos. 1 and 3 to the maintainability of Misc. Petition No. 50 of 1999 in T. I.J. Petition No. 598 of 1990.

2.The facts as emerging from the pleadings of the parties may be noticed in order to crystalise the various controversies raised by the parties.

3.Late Mrs. Piloo Ghaswala (hereinafter referred to as "the deceased") who was the maternal grand mother of minor Zenia and the mother of Mrs. Lyla Darius Jehangir, hereinafter referred to as "respondent No. 1", died leaving her last Will Testament dated 21st April, 1989. Mr. Justice B. Lentin, Mrs. Roshan Chopra and Mr. Mohan Jaykar were appointed as Executors in the Will. They have obtained probate of the Will in T. I.J. Petition No. 598 of 1990 by order of this Court dated 28th October, 1994. Darius Jehangir, hereinafter referred to as "the applicant", was married to respondent No. 1. The marriage was dissolved by a decree of divorce granted on 12th July, 1989. The





















































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