1 NM-105 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.105 of 2009 IN Testamentary Suit No.56 of 2009 IN Testamentary Petition No.132 of 2008 Smt.Harinaxi S. Jasubhai & anr. ... Plaintiffs v/s. Ramila Rajnikant Kilachand & ors. ...Caveatrices/Defts. Mr.Cyrus Bharucha with Mr.A.B.Shrikhande for Plffs. Mr.Rohan Cama with Ms.Sushma Nagaraj i/by Bharucha & Partners for Defts. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 29th September, 2010 P.C. : 1.This Notice of Motion is taken out for a number of reliefs which need not be enumerated. The reliefs can be granted in a civil suit. The law in that behalf set out in Rupali Mehta vs. Smt.Tina N. Mehta, 2006(6) Maharashtra Law Journal 786 is clear. The reliance upon the unreported judgment in the case of Smt.Prachi P. Pandit vs. Sou. Pushpa Sharad Ranade (Appeal From Order Nos.854 and 903 of 2004, decided on 23rd December 2004) is completely misplaced. The judgment in the case of Prachi P. Pandit (supra) must be taken to be 2 NM-105 impliedly overruled by the judgment in the case of Rupali Mehta (supra). In fact, the judgment of the Supreme Court in the case of Ishwardeo Narain Singh vs. Smt.Kamta Devi & ors., AIR 1954 SC 280 appears not to have been shown to the learned Judge and was against the law enunciated therein. 2.There are number of issues between the parties with regard to the administration of the estate received by the Plaintiffs who had applied for Letters of administration. Needless Affidavits have been filed which need not be gone into for taking accounts by the Testamentary Court. 3.The Notice of Motion is completely misconceived and hence it is dismissed with costs. Testamentary Suit is adjourned to 8.10.2010 for framing issues. (SMT.ROSHAN DALVI, J.)