Learned counsel appearing for parties concluded their arguments on 08/07/2013. Matter was closed for orders. This matter was mentioned by the learned counsel on 20/08/2013 and informed that in SLP (Civil) 20165 of 2013, which was filed by defendant No.1, both the parties had indicated that they were making an effort to settle the dispute amicably and the said petition was adjourned. Learned counsel requested the Court not to pronounce the Judgment in the above matter in view of the talks of settlement between the parties. Matter was accordingly adjourned to 16/11/2013 for directions. On 21/11/2013, learned counsel appearing for parties mentioned the matter again and informed that settlement was not possible and that the Special Leave Petition filed by defendant No.1 is dismissed. The learned counsel requested to pronounce the Judgment in the above matter. On 21/11/2013, matter was accordingly closed for pronouncement of Judgment.

2. By this Notice of Motion, plaintiffs seek appointment of a fit and proper person as an administrator/officer of the estate/property of the deceased Mr. Purvez Burjor Dalal alias Purvez Burjorji Dalal alias Purvez Dalal alias P.B. Dalal, a Parsee Zoroastrian, Bachelor under section 247 of the Indian Succession Act, 1925 and also seeks injunction against the first defendant, his employees, servants and agents in respect of the properties of the estate of the said deceased. The plaintiffs also seeks disclosure on oath the moveable and immoveable assets of the said deceased and an order against the first defendant to render true and full inventory and accounts of his dealings with the assets and properties of the deceased and the profits, if any there-from. Some of the relevant facts which emerges from the pleadings and documents filed by both parties and which are necessary for the purpose of deciding this Notice of Motion are as under:-

3. Plaintiffs as well as defendant No.1 have filed two separate testamentary petitions for seeking probate of the alleged Will and testament of the deceased Mr. Purvez Burjor Dalal (for short 'the said deceased') and both those petitions are pending.

4. Sometimes in the year 1955, plaintiff no.2 was married to the brother of the deceased viz. Mr. Jamshed Burjor Dalal who predeceased the said deceased. On 15th October, 1959, a decree for annulment of the marriage between the plaintiff no.2 and the said Mr. Jamshed Burjor Dalal came to be passed. It is the case of the plaintiffs that the relations of the plaintiff no.2 however with Mr. Jamshed Burjor Dalal and the said deceased were cordial. On 14th August, 2010, Mr. Jamshed Burjor Dalal expired. It is the case of the plaintiffs that on 22nd November, 2010, the said deceased executed a Will and Testament thereby appointing plaintiff nos. 1 and 2 as executrices and Mr.Jimmy Pirojsha Avasia as the executor. The said Mr. Jimmy Pirojsha Avasia however renounced his right as executor for probate and execution of the said Will dated 22nd November, 2010.

5. It is the case of the plaintiffs that one domestic servant by name 'Shaku' who had been in the service of the said deceased and Mr. Jamshed Burjor Dalal for over 20 years expired in the month of April 2011. Defendant No.1 engaged the domestic help Sushila Sagar Nirbhavne to reside at the residence of the deceased. It is the case of the plaintiffs that defendant No.1 in collusion with one Mr. Doodhmal and Pandey started exercising complete dominion over the deceased and control over the properties of the said deceased. According to the plaintiffs during last few months of his life, the said deceased was suffering from both physical and mental infirmities and was not of a sound and disposing mind.

6. On 23rd August, 2011, according to the plaintiffs one Dr L. S. Balani who was stated to be the family physician of the said deceased, examined the said deceased and certified at the foot of a purported Will dated 23rd August, 2011 that the deceased was not in a fit condition