:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE CIVIL JURISDICTION & INTESTATE CIVIL JURISDICTION & INTESTATE CIVIL JURISDICTION MISC. MISC. MISC. PETITION NO. 68 OF 2007 PETITION NO. 68 OF 2007 PETITION NO. 68 OF 2007 IN IN IN PETITION PETITION PETITION NO. 336 OF NO. 336 OF NO. 336 OF 2007 2007 2007 Smt. Shamshekher Kaur (Gill Nee Ghumman). ... Petitioner. V/s. Mr. Ashok Ramchand Khemlani & Ors. ... Respondents. Mr.R.R. Arolkar for the Petitioner. Mr. Gautam Mehta with Mr. Jagdish Mehta i/b. A.H. Khatri for Respondent 1. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 20TH 20TH 20TH MARCH 2009. MARCH 2009. MARCH 2009. P.C. P.C. P.C. : : : . This is a Petition for Revocation of the Letters of Administration which have been obtained by the First Respondent on the basis that one Jyoti Arjun Bakhshi Gill (deceased) was married to the First Respondent. 2. The Petitioner, who has filed this Petition is the aunt of the deceased. She has stated on oath that the Constituted Attorney, who has signed and affirmed the Petition on her behalf is her son. The deceased was the daughter of the brother of the Petitioner. Thus, the Petitioner claims to be a aunt of the deceased being the daughter of her real younger brother. :2: 3. The First Respondent states that he was married to the deceased on 12th March 1986 and states that the marriage is evidenced by several documents including the affidavit of the Priest and the affidavit of a lady called Seema Arora. 4. During the course of the hearing of this Petition, it was pointed out to the parties that the issue as to whether the First Respondent has indeed married the deceased and whether the marriage was legal and valid and therefore, the First Respondent would have any right in the property of the deceased, are all issues which cannot be resolved or decided in this limited jurisdiction. 5. When this fact was brought to the notice of Mr. Arolkar, he has after taking instructions from the Constituted Attorney of the Petitioner, who is present in this Court, made makes a statement that the Petitioner will file appropriate proceeding/suit claiming such declarations in law as are permissible but for some limited period the First Respondent should be restrained from acting, in furtherance of the Letters of Administration. 6. Considering this statement of the Petitioner so also taking into account the contentious issues, it would be appropriate to dispose off this Petition, in the light of the statement made by the Petitioner and with liberty :3: to adopt appropriate proceedings. All pleas of both sides so also all contentions as raised in the Petition and the Affidavits are kept open. No opinion is expressed thereon. 7. However, for a period of six weeks from today, the First Respondent shall not act in furtherance of the Letters of Administration granted by this Court on 26th July 2007 so also take any steps with regard to disposal or transfer of Flat No.4A, Ganga Darshan Co-operative Housing Society Ltd., Yari Road, Andheri (West), Versova, Mumbai - 61. Needless to state that if within this period, no suit/proceeding is filed and appropriate orders obtained, the restraint would automatically come to an end. Needless to further add that the Court while entertaining the suit/proceeding should not be influenced by any orders including restraint placed upon the First Respondent and all Applications, including those claiming interlocutory reliefs, be dealt with and disposed off on their own merits and in accordance with law. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)