1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE CIVIL JURISDICTION NOTICE OF MOTION NO. 149 OF 2008 IN SUIT NO. 58 OF 2006 IN PETITION NO. 24 OF 2006 Smt. Vimla Balramdas Budhrani. ... Deceased. Dr. Sunil Purshottam Mirpury Constituted Attorney of Pishu Balramdas Budhrani. ... Petitioner. V/s. Mrs. Vinita Shyam Melwani. ... Caveatrix. Ms. Ambreem Saheed i/b. Rita Bhatia for the Petitioner. Mr. Y.K. Sharma i/b. Ganesh & Co. for the Caveatrix. CORAM : S.C. DHARMADHIKARI,J. DATED : 18th NOVEMBER 2009. P.C. :- From a perusal of the Notice of Motion and the affidavit in support, it is apparent that the dispute is with regard to the title to the property more particularly described in prayer clause (a) of the Notice of Motion. 2. The Caveatrix contends that this should be included in the schedule of assets belonging to the deceased whereas Petitioner No.1 asserts that the property has been duly transferred to the Petitioner during the lifetime of the deceased. These are matters where the Testamentary Jurisdiction is not available. If the Caveatrix claims any right, 2 title and interest in the property there are remedies to initiate appropriate proceedings. This Notice of Motion is, therefore, not maintainable and is mis-conceived. Keeping open all remedies and contentions therein, the Motion is dismissed. There will be no order as to costs. 3. Stand over for framing issues after one week. (S.C. DHARMADHIKARI,J.)