1. By this Notice of motion filed by the Petitioner/Plaintiff, the Petitioner seek a declaration t the Caveat dated 16.1.2013 filed by Jitendra Krishnalal Shah and Jaisukh Krishnalal Shah a not maintainable and seeks dismissal thereof.

2. Some of the relevant facts for the purpose of deciding the Notice of Motion are summarised under :

3. To appreciate the issues involved in this Notice of motion, it would be appropriate reproduce the Geneology and relationship of the present Caveators with the deceas Jaswantlal Jolia. Those are reproduced as under :

Family Tree

JASWANTLAL N. JOLIA Veenabenwife

` Pre-deceased

Died : 3.3.2007.

(Died : 26.1.2004)

TESTATOR

(Will dated 10.8.2002)

Mrs. Ramaben Mrs. Indiraben Mrs. Trilochanaben T. Fozdar

Krishnalal Shah

V.Bankley (Only then

sister surviving sister

died: 1955-56 (Original Caveator)

(predeceased) Died: 11.11.2001

Will dt. 11.2.2008)

_____________________________________________________________

Jaisukh Jitendra Kishore Panna Thakorlal Mrs. Devyani Mrs. Poornima Mrs. Bhang Chandresh

Fozdar Bhagat Latik Shah Sant(son)

Parekh

(Marr. daughter) Takshal (H)

New Caveators by virtue of

will of Trilochanaben (Dt.11.2.2008) Present Caveators in their

Capacity as heirs of

Trilochanaben

4. A perusal of the above Geneology shows that Jaswantlal Jolia who is alleged to ha executed a will dated 10.8.2002 expired on 26.1.2004. Wife of the deceased Veenab predeceased the said deceased. The said deceased left three daughters namely Mrs.Ramab K.Shah, who pre-deceased the said deceased, Mrs Indiraben V.Bankley also pre-deceased t said deceased and Mrs.Trilochanaben Thakorlal Fozdar the only then surviving sister died 11.11.2010. Mrs.Trilochanaben left behind her six legal heirs. Mrs.Ramaben K. Shah daughter the said deceased who pre-deceased the said deceased left behind four legal heirs nam Jaisukh, Jitendra, Kishore and Mrs.Panna.

5. It is the case of the Caveators that the said Mrs.Trilochanaben Fozdar had left a Will dat 11.2.2008 and she gave her entitlement in the estate of Jaswantlal Jolia the said deceased 50% to her legal heirs and balance 50 % to the legal heirs of Mrs.Ramaben Shah. On 3.3.20 Mrs.Veenaben Jaswantlal Julio expired. On 26.1.2004 Jaisukh expired. One Ashit Surend Mehta was alleged to have been appointed as an Executor by the said deceased in his W dated 10.8.2002. The said Ashit Surendra Mehta filed a Probate Petition bearing 243 of 2004 this Court. In the said Probate Petition, Mrs.Trilochanaben the only surviving sister of t deceased filed a Caveat. On filing the said Caveat by Mrs.Trilochalaben, the said Proba Petition was converted into a Suit. On 18.5.2009 the said Ashit Surendra Mehta who was t Executor to the said will of the said deceased expired. On death of the said Executor, t Probate Petition filed by him stood abated.

6. On 30.9.2009 Mrs.Panna Surendra Mehta who claims to be one of the beneficiary under t said Will dated 10.8.2002 filed a Petition for letters of administration with the Will annexed to t Petition (Petition No. 970 of 2009) in this Court. The said Petition for letters of administration w converted into a Suit (74 of 2011). On 11.10.2010 Mrs.Trilochanaben Fozdar expired. In view the demise of Mrs.Trilochanaben Fozdar, the Citation was served upon the legal heirs Mrs.Trilochanaben. All the legal heirs of Mrs.Trilochanaben filed Caveats in the said Suit. 11.2.2008 Mrs.Trilochanaben is alleged to have executed a Will by which 50 % of the prope which she would have inherited from the estate of Jaswantlal Jolia in case of intestacy sto bequeathed in favour of her pre-deceased sister Mrs.Ramaben K.Shah i.e. Jitendra Sha Jaisukh Shah, Kishore Shah and Panna Shah and remaining 50% stood bequeathed to her o children Chandresh Fozdar, Mrs.Devyani Bhagat,Mrs.Poornima Shah and Famini Parekh.

7. On 16.1.2013 Jitendra K.Shah who is alleged to be one of the executor of the Will Mrs.Trilochanaben and also the benefici