HIMA KOHLI, J. (Oral)

1. Pursuant to the order dated 12.4.2010, appearance is entered on behalf of the respondents No.2 to 10. Though respondent No.1 is duly served, both by ordinary process as also dasti, none is present on its behalf. It is therefore assumed that the said respondent No.1 does not wish to contest the present petition. Counsel for the respondents No.2 to 10 also states that he does not oppose the prayer made in the present petition.

2. The present petition is directed against an order dated 21.12.2009 passed by the Additional District Judge, dismissing an application filed by the petitioners for issuance of letters of administration with respect to some articles found in the locker of the deceased, Smt. Indramani Mandelia, after the original petition for grant of letters of administration, was allotted and disposed of on 14.12.2006.

3. Briefly stated, the facts of the case are that two separate Wills were executed by Mr. Durga Prasad Mandelia (testator) and his wife, Smt. Indramani Mandelia (testatrix) on the same date, i.e., on 8.2.2003. The testator, Mr.Durga Prasad Mandelia bequeathed all his movable and immovable properties in favour of his wife, i.e., Smt. Indramani Mandelia (testatrix) and appointed the petitioners as joint executors and trustees under his Will. Similarly, the testatrix, Smt. Indramani Mandelia executed a separate Will and also appointed the petitioners as joint executors and trustees under her Will and named all her legal heirs as the beneficiaries under the Will. The testator, Shri Durga Prasad Mandelia expired on 30.5.2005 and the testatrix, Smt. Indramani Mandelia expired on 16.1.2006. On 19.5.2006, the petitioners, being the executors of the two Wills, filed a probate petition for grant of letters of administration/probate of the Wills of the testator and the testatrix, registered as Probate Case No.455/2006. Respondents No.2 to 12 were impleaded in the said petition as legal heirs. No objections were filed to the said petition.

4. Vide order 14.12.2006, letters of administration/probate was issued in favour of the petitioners, subject to their filing a valuation report and court fees and upon execution of administration and surety bond by them. Vide order dated 11.12.2007, the trial court waived the requirement of furnishing the administration and surety bond. Upon the requisite court fee of Rs.13,00,050/- being deposited in the Court, letters of administration/probate was granted to the petitioners in respect of the properties mentioned in the Will, on 7.2.2008.

5. It is stated by the petitioners that before an inventory of the items/goods left by the deceased in the Court, was filed in the court, the petitioners discovered that the testatrix, Smt. Indramani Mandelia also had a locker in her name in Bharat Overseas Bank, Mumbai (now known as Indian Overseas Bank) which was neither mentioned in the list of properties annexed to the Will, nor did the executors have any knowledge about its existence at the time of filing of the probate petition. As a result, an application was preferred by the petitioners before the trial court on 16.8.2008, in the same Probate Case No.455/2006, praying inter alia for issuance of directions to the bank to open the said locker and for permission to take over charge of the properties contained therein. Further, a prayer was made by the petitioners to permit them to file additional court fee after ascertaining the value of the property contained in the said locker, upon the same been opened.

6. Vide order dated 24.1.2009, the trial court considered the request of the petitioners and issued directions to the Manager of the aforesaid bank to open the locker in the presence of the executors, prepare an inventory of the goods kept in the locker, get the articles valued from a registered valuer, seal the locker with the seal of the Bank Manager and send the inventory along with the valuation report, to the court. It is submitted that in March 2009