MARTEN BORCHERT Vs. ARZAN KHAMBATTA

JUDGEMENT

(1.) The Petitioner No.1 is the father of Petitioner No.2. He is the brother of one Ursula Dara Mistry, the Testatrix who executed a Will dated 7th February 2004 and Codicil dated 29th November 2004 which have been probated. Respondents 1 and 2 are the executors under the said Will and the Codicil of the Testatrix.

(2.) The Petition is filed for removal of the Respondents as the executors and appointment of other executors in their place.

(3.) It may at once be mentioned that the prayer relating to removal of Respondents and appointment of others in their place as executors is diametrically different from and contradictory to the prayers for giving an inventory, information, handing over of specified movable properties being REC bonds and implementation of the Will within a time frame. Either of these reliefs may, therefore, be granted.