: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.51 OF 2007 IN TESTAMENTARY SUIT NO.83 OF 1998 IN TESTAMENTARY PETITION NO.509 OF 1998 D.S. Choudhary ....Applicant V/s. Plaintiff L.D. Kathrecha ....Caveatrix Defendant And Neelkanth Niranjan Premises Co-op. . Society Ltd. ....Respondents And M/s.Goldmine Builders Pvt.Ltd. ....Applicant Intervenor Mr.Vipin Kamdi with Mr.Sagar Pawar i/b S.K. Legal Asociates for the Applicant/Intervenor. Mr.H.C. Mehta i/b Bagla Dandekard & Co. for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 27TH JULY, 2007. P.C. : 1. The Chamber Summons is thoroughly misconceived The Applicant claims to have derived his title from the testator pursuant to an agreement and/or by way of adverse possession. If the Applicant is entitled to any such right, it is for the Applicant to file independent proceedings to agitate the same. The Applicant has no caveatable interest as an heir. Further it is well established that the questions of : 2 : title are not determined in a probate proceedings. The Chamber Summons if dismissed with costs of Rs.5000/- payable within four weeks from today. The similar application was also disposed of by an order dated 12.10.2006 by D.K. Deshmukh, J.