JUDGMENT - A.B. PALKAR, J.:---Petitioner Ramesh Nivrutti Bhagwat seeks revocation and cancellation of Letters of Administration granted to respondent Dr. Surendra Manohar Parakhe on 24-11-1994 in Petition No. 915 of 1982 pursuant to the probate of the last Will of deceased Mrs. Antoinette Bendre Bhagwat. To appreciate the controversy, the following facts are material :

2.One Bhagwant Balaji Bhagwat was husband of Antoinette Bendre Bhagwat. Both of them were permanent residents as well as citizens of the State of California. Bhagwant Balaji Bhagwat died on 5-1-1980. He bequeathed all his property to his wife Antoinette. She died on 23-1-1981 at Alhambra, Los Angeles County, State of California, U.S.A. She left her last Will dated 24-6-1977 whereby she bequeathed her properties to her husband. However, husband had predeceased her. In case of such contingency provision in the Will was that the property should go to an Intervivos Trust created by herself and her husband by declaration of trust deed dated 24-6-1977. The Executor had filed a petition for probate bearing Probate Case No. 662463 in the Superior Court of the State of California for Los Angeles County, and the Will was probated on 26-2-1981. On 2-11-1982 Dinkar Sambhaji Patole as Constituted Attorney of successor of original executor filed Petition No. 915 of 1982 in the High Court of Bombay for Letters of Administration with authenticated copy of the Will annexed to the petition in respect of the property and credit of the deceased in the State of Maharashtra. On 15-3-1992 petitioner Dinkar Sambhaji Patole died and the petition was continued by Dr. Surendra Manohar Parkhe was duly brought on record.

3.The present petitioner Ramesh Nivrutti Bhagwat claims to be a relative of the husband of Antoinette Bendre Bhagwat. Earlier, he has taken out Notice of Motion bearing No. 912 of 1997 in Petition No. 915 of 1982 which was allowed to be withdrawn with liberty to take out appropriate proceedings. According to the petitioner, neither he nor his father nor any other family members had any notice of the petition. Respondent Dr. Surendra Manohar Parkhe submitted an application for mutation of name of Rural Gospel and Medical Mission of India on the basis of the Letters of Administration issued by this Court in the aforesaid Petition (No. 915 of 1982). Petitioner came to know about it after making enquiries in the office of the High Court. Petitioner also learned that the respondent had obtained Letter of Administration in respect of the Will of Bhagwant Balaji Bhagwat by filing another Petition No. 914 of 1982 on 2-8-1995.

4.According to petitioner, the respondent has not complied with the direction of the Court granting Letters of Administration by making inventory of the property and credits within six months. He has not rendered accounts of the property and credits within one year. Letters of Administration were obtained by suppression of material facts and by misleading the Court. Petitioner's uncle Bhagwant Balaji Bhagwat had established Bhagwant Mukti Ashram and the name of the Ashram was mutated in the revenue records in respect of the property. The Will of the petitioner's uncle Bhagwant as well as Will of his wife Antoinentte clearly shows that the intention was to use the property for charitable purposes. The Superior Court of California granted Probate to John Graf Klotzle who was named as the successor by the earlier Executor named in the Will Carl Kinsinger and the said Executor appointed respondent as his attorney for obtaining Letters of Administration. Thus respondent was not appointed executor by the Will.

5.The probate was obtained from the Superior Court of California without notice to the petitioner or his father or any other relative. Respondent is misusing the Letters of Administration as is clear from the Caveat filed with the Asstt. Charity Commissioner. The probate on the basis of the present Letters of Administration, was secured in proceedings which were

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