The Facts:-

1. The petitioners / plaintiffs have filed the present petition for Letters of Administration with the Joint Will annexed thereto to the properties and credits of the late Pirojsha Pestonji Narielwalla and Mrs. Hirabai Pestonji Narielwalla. Mrs. Vaishali Vasudeo Ingle, duly Constituted Attorney and Legal officer of the petitioners/plaintiffs has filed an affidavit dated 28th June, 2007, in support of the Notice of Motion of which para 3 reads as under;-

“3. I say that Mr. Pirojsha Pestonji Narielwalla and Mrs. Hirabai Pestonji Narielwalla executed a joint Will dated 21st December, 1978. Mr. Pirojsha Pestonji Narielwalla died on 22nd January, 1980, leaving his only sister Hirabai as his only heir and next of kin. Mrs. Hirabai Pestonji Narielwalla died on 12th September, 1981. There were no executors appointed under the Will and the residuary legatees were the Trustees of Parsi Panchayet Funds and Properties, Bombay. Accordingly, the then Trustees filed a Petition bearing Petition No.4 of 1986 for Letters of Administration with the joint Will annexed."

2. It appears that the original suit / petition bearing Petition No.4 of 1986 for Letters of Administration with joint Will annexed was converted into a suit bearing Suit No.3 of 1989.

3. It appears that prior to the filing of the above suit / petition, the Trustees had issued notices in two local newspapers dated 3rd January, 1983 and 28th January, 1983, inviting objections and / or claims, if any, in relation to the estate of the late Pirojsha Pestonji Narielwalla.

4. In response to the aforesaid public notices, four persons, viz.: (1) Shri. S.A. Narielwalla, (2) Shri. P.A. Narielwalla, (3) Miss Piroja A. Narielwalla and (4) Mrs. Virabaiji N. Narielwalla, filed their caveats in Petition No.4 of 1986, which was lateron converted into a suit bearing Suit No.3 of 1989 since trial issues were raised.

5. However, the said caveats were withdrawn on 9th June, 1989. The withdrawal has been recorded in the order passed by Justice Variava (as he then was) in Chamber Summons No.436 of 1989 in T&IJ Petition No.4 of 1986 in Suit No.3 of 1986.

6. The suit proceedings, with the withdrawal of the caveat, were re-converted into a proceedings meant for Letters of Administration. However, for want of removal of office objections, proceedings were dismissed by an order dated 22nd June, 1994, passed by the Prothonotary and Senior Master of this Court for non prosecution. The appeal followed by review petition, did not succeed in restoration of the said proceedings / petition.

7. It appears that after having found unsuccessful in the aforesaid appeal and review petition, fresh petition being Petition No.311 of 1998 came to be filed at the instance of the Trustees of the Parsi Panchayat. The same was notified pursuant to the order dated 15th September, 1999. The citation was issued and published on the notice board of this Court.

8. One Mr. Shiraaz D. Zilla, on 10th September, 2000, had filed a caveat with an affidavit in support thereof. During the pendency of the present proceedings, he left for heavenly abode on 9th November, 2005. Consequently, Chamber Summons No.5 of 2006 was taken out to substitute the name of the deceased caveator Mr. Zilla S.D., which was made absolute by an order dated 1st March, 2007. That is how the present caveators, who are claiming to be the heirs and legal representatives of the deceased original caveator, came on record of the present proceedings. In other words, they have stepped into the shoes of late Mr. Shiraaz D.Zilla.

9. The present Notice of Motion No.57 of 2007 is taken out by the petitioners / plaintiffs with the surviving prayer reading as under :- "a) that this Hon’ble Court be pleased to dismiss the caveat filed by the original Caveator late P.D. Zilla."

10. The notice of motion is supported by an affidavit, which was opposed by the caveators (heirs and legal representatives of the original caveator