1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE CIVIL JURISDICTION NOTICE OF MOTION NO. 138 OF 2009 IN SUIT NO. 74 OF 2008 IN PETITION NO. 622 OF 2008 Mr. Sanjay Saran. ... Plaintiff. V/s. Ms. Gopika Chandrabhushan Saran. ... Defendant. Mr. Rajesh Shah a/w. A.T. Suryavanshi i/b. Tanvi Gandhi and Satyen Vora for the Plaintiff. Mr. A.B. Dubey i/b. Bharat Vaishnawa & Co. for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 18th NOVEMBER 2009. P.C. :- From the prayers that are made in the Notice of Motion, it is apparent that this Court cannot grant these reliefs in the limited jurisdiction. Being aware of the position in law that the Testamentary Court cannot decide issues of title and contested matters with regard to the rights in immovable properties, yet, the Caveator has instituted the present Motion. 2. In the light of the clear position in law, this Notice of Motion is mis-conceived and is dismissed. However, dismissal of this Motion will not prevent the Caveator/Respondent/Defendant from adopting such 2 proceedings as are permissible in law and seeking the reliefs in terms of this Notice of Motion. All contentions of both sides in that behalf are kept open. The Notice of Motion is dismissed with liberty as above. (S.C. DHARMADHIKARI,J.)