- (1.) This appeal is at the instance of an executor in a proceeding for grant of Probate where the Probate has already been granted and is directed against an order dated 10th December, 2010 passed by a learned Single Judge of this Court by which His Lordship disposed of two applications, one filed by the executor for direction under Section 302 of the Indian Succession Act, and the other, filed by the legatees for removal of the executor.
(2.) By the order impugned in this appeal, the learned Single Judge was of the view that although the conduct of the executor would warrant his immediate removal, a chance should be given to the executor to carry out the mandate of the testator in respect of the particular item of the bequest within a period of four weeks from the date of the order, and in default, liberty was given to the grandson/legatee of the testator to seek the immediate removal of the executor.
(3.) The learned Single Judge directed the executor to give effect to that part of the bequest by which the testator bequeathed his tenancy right in respect of a property situated in Kolkata in favour of his grandson without unduly concerning himself with the consequence thereof.;