1 mpt4-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION Misc. Petition No. 4 of 2011 in Testamentary Petition No. 1071 of 2009 Mr.Shamdas Bhatia .. Petitioner v/s. Ms. Mala Haresh Chetnani ..Respondent Mr.Milan Desai for the Petitioner. Ms.Bina Shivhare for the Respondent CORAM : R.Y.GANOO, J. DATED : 18th April, 2011 P.C. : 1. Heard learned Counsel on both sides. Learned Counsel for the petitioner stated before the Court that late Mr. M. Gandhi had executed a Will and the said Will has been probated in terms of Order dated 9.4.2010 passed in Probate Petition No.1071 of 2009. 2. Learned Counsel for the petitioner contended that according to him 2 mpt4-11.sxw the petitioner owns flat No.A-7, situated at Manu Bharati Co- operative Housing Society Ltd., Andheri, Bombay along with wife of Mr. M. Gandhi and as such late Mr. M. Gandhi should not have bequeathed the said Flat No.A-7. According to him the said request was incorrect and therefore the probate petition ought not to have been granted. 3. After hearing learned counsel on both sides, I observe that by the present petition, the petitioner is trying to raise the question as regards title in respect of flat No.A-7, Manu Bharati Co-op. Hsg. Soc. Ltd., Andheri, Bombay. It is well settled that the Court in its Testamentary and Intestate Jurisdiction cannot go into the question of title of the property and the related questions and hence this Court cannot set aside the probate granted on 9.4.2010 on the basis of contentions raised in this Misc. Petition. It will be necessary for the present petitioner to raise a dispute before the Appropriate Forum in order to ventilate the grievance. On hearing this expression, learned Counsel appearing for the petitioner pleaded for withdrawal of this petition with liberty to file appropriate proceeding protect his interest in respect of Flat No.A-7, Manu Bharati Co-op. Hsg. Soc. Ltd., 3 mpt4-11.sxw Andheri, Bombay. Hence following order is passed to dispose of this petition. ORDER As per the request of the Counsel for the petitioner, the petition is allowed to be withdrawn with no order as to costs. ii) Liberty is granted to the petitioner to file appropriate proceeding to protect his interest in regard to Flat No.A-7, Manu Bharati Co-op. Hsg. Soc. Ltd., Andheri, Bombay. iii) It is clarified that this Court has expressed no views on the contentions raised by the petitioner. [R.Y.GANOO, J.]