1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 3560 OF 2005 IN SUIT NO. 3149 OF 2005 Sooni Jal Taraporevala & Ors. .. Plaintiffs Vs. Russi Jal Taraporevala & Ors. .. Defendants Mr. Zubin Behramkamdin with Mr. K. Tamboli i/b Wadia Ghandy & Co. for the Plaintiffs. Mr. Shyam Mehta with Ajay Fernandis i/b Kanga & Co.for Defendant Nos.1 & 4. CORAM : MRS. R. S. DALVI, J. DATE : 9th June, 2010. P.C. 1. This is suit for administration essentially between the siblings. 2. Defendant No.1 is in possession of one of the properties left by the deceased who is the mother of the parties. 3. The said property is co-owned by Defendant No. 4 and the mother of the parties. Defendant No.1 is the director of Defendant No.4 and in such capacity resides and remains in possession of the entire of it. 2 4. Counsel on behalf of Defendant No.1 makes a statement that Defendant No.1 has no objection if the Plaintiffs as well as Defendant No.2 reside in the property along with him. 5. The claim of the Plaintiffs is essentially upon a Will executed by their deceased mother. Probate Petition in respect of the Will is filed. Defendant No.1 has filed a caveat. Issues in the Testamentary Suit are to be framed and evidence recorded. Pending the grant of probate, the aforesaid statement made by Defendant No.1 and accepted by the Court shall suffice in respect of immovable property. 6. There are certain shares in Defendant No.3 which also forms a part of the estate of the deceased mother of the parties and ad interim order has been passed in respect of the said shares by consent of the parties. That ad interim order shall continue in the suit. 7. The Notice of Motion is disposed of accordingly. (R. S. DALVI, J.)