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2016 Supreme(Bom) 145

G.S.PATEL
Abha Dastane Rao – Appellant
Versus
Prabhakar Deolankar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. A.G. Damle, Ms. Vibhuti Desai
For the Respondent No. 1: Mr. S.N. Chandrachud, i/b N.V. Vechalekar & Co.
For the Respondents Nos. 2 & 3: Mr. Hemant Ghadigaonkar
For the Respondent No. 4: Mr. Pramod Patil

JUDGMENT :

1. This is a Petition under Section 301 of Indian Succession Act, 1925 (“the Succession Act”; “the ISA”). It seeks the removal of the 1st Respondent, one Prabhakar Deolankar (“Deolankar”) as the executor of a Will dated 25th April 2006 said to have been left by one Dr. Narayan Ganesh Dastane (“Dr Dastane”). The 2nd Petitioner, Sucheta, is Dr. Dastane’s widow. The 1st Petitioner and Respondents Nos. 2 and 3 are their three daughters. Deolankar is Dr. Dastane’s brother-in-law. The 4th Respondent is the Maharashtra Executor and Trustee Company Pvt Ltd (“METCO”), a company that provides, inter alia, executorship and trusteeship services and for which it charges fees. On 18th June 2007, Deolankar obtained probate to Dr. Dastane’s Will from the District Court. In this litigation, Respondents Nos. 2 and 3 support their sister, Petitioner No.1, and their mother, Petitioner No.2. Together, I refer to them in this judgment as “the Dastane Family”. Where necessary, I have referred to them by their first names. This is only for convenience and no disrespect is intended.

2. The matter is considerably complicated by a series of subsequent events, and the onset of disputes between the Da











































































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