JUDGMENT- M.S. RANE, J.:---None present on behalf of the respondent. Affidavit of service is filed. 2. The petition herein has been filed seeking order for the removal of the respondent as an Executor of the estate of late Smt. Manibai widow of Tribhuvandas Girdhar Thakkar and for mandatory order of injunction restraining the respondent from representating himself as an Executor of the estate of the deceased. 3. Few relevant facts ; The petitioner is a nephew of Smt. Manibai Tribhuvandas Girdhar Thakkar who died at Bombay on 7th July 1982, and who had left her last will being dated 21st November 1981 appointed the petitioner and the respondent as the executors thereof. It may be stated that the respondent is a practicing Advocate. 4. The petition being No. 842 of 1992 was filed by the petitioner and respondent as executors for the grant of probate of the last will of the said deceased and by order dated 12th January 1988 the Court granted the Probate in favour of the petitioner and the respondent. 5. In para 4 of the petition, the petitioner has set out various facts highlighting the manner in which the respondent as an executor conducted with regard to the estate of the deceased. Reference is made to the certain transactions with regard to the sale of the properties, the litigations in respect thereof and the conduct of the Respondent in prosecution of such litigations and also managing the property. The petitioner in categorical terms state that the respondent being an advocate exploited the situation. 6. Although serious allegations have been made against the respondent -executor and the process in this petition has been duly served upon him, he has not chosen to appear before the Court. He has also not filed appearance or any pleadings in reply to the case as set out in the petition against him. The affidavit of service dated 5th January 1994 has been filed which shows that the Respondent has been duly served with the process in this peititon on 7th December 1993. The said affidavit is marked as Exh. A. On call the respondent as stated is absent. 7. The allegations of serious nature have been made against the Respondent as an executor which allegations have remained uncontradicted and unchallenged. The said affidavit is marked as Exh. A. On call the respondent as stated is absent. 7. The allegations of serious nature have been made against the Respondent as an executor which allegations have remained uncontradicted and unchallenged. In particular the conduct and attitude of the Respondent in the engagement of the Advocates of his choice in the dispute relating to the properties, his non-co-operation, obstructing attitude as specifically mentioned in para 4 of the Petition - all these are clearly revealing instances and cannot be said to be conduct of an honest person. This is more so when the respondent himself is the practicing advocate. His such conduct is nothing but butrayal to the trust and confidence reposed by the deceased on him unbecoming to the member of the Bar. I am of the view that for maintaining the purity of the justice, such element need to be dealt with firmly. 8. In the circumstances the Prothonotary and Senior Master is directed to refer the matter to the Bar Council of Maharashtra and Goa by forwarding the copies of the Petition herein alongwith the copy of this Judgment, for their thorugh probe in the light of allegations in petition against the respondent herein and for taking suitable action if probe findings would so warrant. 9. In the circumstances I accept the case of the petitioner and hold that he is justified in claiming the reliefs of this petition. 10. Hence the order. (i) Petition granted in terms of Prayers (a) and (b) which read : (a) For an order for removal of the respondent as an executor of the estate of late Smt. Manibai widoow of Tribhuvandas Girdhar Thakkar. (b) For a mandatory order and injunction restraining the respondent by himself, his servants and agents from in any manner representing himself as an executor of the estate of the said late Smt. Manibai widow of Tribuvandas Girdhar Thakkar and/or from doing any act, deed, matter or thing in connection therewith and/or from interfering with the administration of the said estate. (ii) The Prothonotary and Senior Master to take steps as ordered and directed in para 8 of the Judgment as expeditiously as possible. (iii) As far as this Petition is concerned, no order as to costs. (iv) Issuance of certified copy is expedited. Petition granted.