1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO.973 OF 2005 IN NOTICE OF MOTION NO.2298 OF 2004 IN SUIT NO.20 OF 2004 IN TESTAMENTARY PETITION NO.749 OF 2003 Shri Mahesh Kishandas Shroff & ors. .. Appellants v/s. Ms.Sushila Mehta .. Respondent Mr.D.D.Madon, Senior Counsel with Ms.Falguni Thakkar i/by M/s.Rustomji Ginwala for the appellants. Mr.Milind Vasudeo with Mr.Subhash Jadhav i/by M/s.Khaitan & Jaykar for the respondent. CORAM : R.M.LODHA AND D.G.KARNIK, JJ. DATED : 24th November, 2005 P.C. Heard. 2. Admit. 3. M/s.Khaitan & Jaykar, advocates waives service for the respondent. 4. By consent, appeal is heard finally at this stage. 5. The learned counsel for the respondent submits that the respondent has no objection if the notice 2 of motion taken out by the present appellants is heard by the Testamentary Judge immediately without waiting to be heard alongwith the suit. 6. In view of the statement made by the learned counsel for the respondent, we dispose of the appeal by the following order:- (i) The learned Testamentary Judge shall take up the notice of motion No.2298 of 2004 for consideration as per his/her convenience without waiting for this notice of motion to be heard alongwith the suit. (ii) Liberty to the parties to apply to the learned Testamentary Judge for fixing the date for hearing the notice of motion. No costs. (R.M.LODHA, (R.M.LODHA, (R.M.LODHA, J.) J.) J.) (D.G. (D.G. (D.G. KARNIK, J.) KARNIK, J.) KARNIK, J.)