1. - This misc. Application has been filed by the petitioner, one of the legatees, under Section 301 and 302 of the Indian Succession Act, 1925, hereafter referred to as the Act. Though the application is long one, however the prayer made is, that Shri Arvind Singh Mewar be removed as executor of the Will of testator, and that the petitioner, and/or some other person be appointed as executor of the Will, other relief has also been claimed, that certain shares issued to certain companies without administering the Will are liable to be cancelled, or in the alternative some declaration is sought for. Then it is prayed, that the respondent no.1 (Shri Arvind Singh Mewar) be ordered to be prosecuted for various offences committed by him as executor of the Will, and some more directions have been prayed for.

2. The relevant allegations are, that in the Will, the testator had appointed the executors, being Shri Arvind Singh Mewar, the respondent no.1, and late Shri A. Subramaniam. It is alleged that after grant of probate, the executor ought to have administered/executed the Will by giving effect to its various provisions, but instead, the respondent no.1 has been using/abusing the