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2013 Supreme(Bom) 1833

R.D.DHANUKA
Haripada Roy alias Haripada Gokulbihari Roy (deceased) Raana Haripada Roy – Appellant
Versus
Subhash Chander Rewari – Respondent


Advocates:
Advocate Appeared
For petitioner: Vivek Kantawala instructed by Vivek Kantawala and Co.
For respondent: Aditya Khandeparkar along with Ms. Minal Chandnani, Cynthia Pereira instructed by Rajani Associates

Judgment

1. By this petition, petitioner seeks revocation of grant of probate dated 10th May, 2006 issued by this Court in respect of the Will dated 8th November, 2002 of the deceased Mr. Haripada Roy who died on 25th November, 2002. The petitioner is the son of the said deceased.

2. It is not in dispute that one of the executors named in the Will Mr. Subhash Chander Rewari had filed petition (436 of 2005) in this Court inter alia praying for probate of the Will dated 8th November, 2002. Consent affidavits of Mrs. Bani H. Roy, Ms. Shobha Mukherjee and the present petitioner i.e. Mr. Rana H. Roy were filed. Deponents of the affidavits have deposed that they were aware that the said deceased died on 25th November, 2002 and had left a Will dated 8th November, 2002. The deceased had appointed Mrs. Bani H. Roy, Mr. Subhash Chander Rewari and Mr. Durga Shankar Sharma as executrix/executors of the estates of the said deceased and Mr. Subhash Chander Rewari had appointed M/s. Rajani Associates, Advocates and Solicitors to apply for the probate of the estate of the deceased. In paragraph (4) of the said affidavit, deponents including the petitioner gave their no objection and gave their full


















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