Anand Byrareddy, J.—Probate Civil Petition No.4 of 1989 is filed in the matter of the last Will and testament of Mrs. Hildred Joyce Faithful, by the Second Executrix named under her Will dated 17.11.1987 for grant of probate. Mrs. Faithful is said to have died on 31.10.1988. The petition was admitted on 10.3.1989 and a citation was taken in the English Daily “Deccan Herald”, Bangalore, on 31.3.1989. None had come forward to oppose the grant of probate. Accordingly, by an order dated 16.6.1989, this Court had granted probate as prayed for.

In July 1990, one Rev. Benjamin Dorairaj filed a petition under Sections 301 and 302 of the Indian Succession Act, 1925 (hereinafter referred to as the ‘Act’ for brevity) to remove the Executrix on the ground that she was illegally attempting to dispose of the properties of the testatrix, in collusion with certain third parties. This was registered as probate CP No. 4 of 1990.

2. During the pendency of the above, one Lt. Col. Richard Charles Menassae (Retired) filed probate C.P. No.16 of 1990 seeking revocation of probate on the ground that he was the real brother of the first. Executrix Ms. Gertrude June Dalby (who had died prior to filing