IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 706 OF 2006 NO. 706 OF 2006 NO. 706 OF 2006 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 109 OF OF MOTION NO. 109 OF OF MOTION NO. 109 OF 2005 2005 2005 IN IN IN PETITION PETITION PETITION NO. 528 OF 2005 NO. 528 OF 2005 NO. 528 OF 2005 Vijay Kumar Gupta ] .. Appellant Versus Naresh Kumar Gupta ] .. Respondent Mr. Shiraz Rustomjee i/b Mr. B.G. Saraf for the appellant. Mr. D.D. Madon, senior counsel with Mr. Farhan Dubash i/b M/s. Desai & Diwanji for the respondent. CORAM: R.M. LODHA & S.A. BOBDE, JJ. DATED: 09TH OCTOBER, 2006 P.C. : . We heard the senior counsel and the counsel for the parties. 2. Though we have admitted the Appeal No.734 of 2006, Rupali Mehta Vs. Tina N. Mehta Rupali Mehta Vs. Tina N. Mehta Rupali Mehta Vs. Tina N. Mehta based on which the impugned order came to be passed by the learned Testamentary Judge, yet the counsel for the appellant submitted that the appellant is desirous for appointment of Administrator pending testamentary proceedings and, : 2 : therefore, the appellant may be permitted to withdraw this Appeal with liberty to the appellant to apply for the appointment of Administrator under Section 247 of the Indian Succession Act, 1925 pending testamentary proceedings and that for a reasonable period, the order of status quo may be continued. 3. Mr. D.D. Madon, the senior counsel for the respondent has no objection if liberty is granted to the appellant to apply for appointment of Administrator under Section 247 and if the order of status quo passed on 25th September, 2006, is continued for a reasonable period. 4. We have no hesitation in holding that under Section 247 of the Indian Succession Act, 1925, the Testamentary Court has the power of appointing an Administrator of the estate of the deceased person pendente lite whose Will is under consideration by the Testamentary Court for grant of probate or letters of administration or the revocation of probate or letters of administration which has already been granted. 5. We, accordingly, allow the Appeal to be withdrawn with liberty to the appellant to apply for appointment of Administrator for the estate of the : 3 : deceased under Section 247 of the Indian Succession Act, 1925. Obviously, such application shall be considered on its own merit uninfluenced by the impugned order and the order passed on 29th August, 2006 in Notice of Motion No.30 of 2006 in Testamentary Suit No.75 of 2005, Rupali Rupali Rupali Mehta Vs. Tina N. Mehta Mehta Vs. Tina N. Mehta Mehta Vs. Tina N. Mehta. 6. Order of status quo passed on 25th September, 2006 in the Appeal shall remain operative until 15th November, 2006. Sd/- [R.M. [R.M. [R.M. LODHA, J.] LODHA, J.] LODHA, J.] Sd/- [S.A. [S.A. [S.A. BOBDE, J.] BOBDE, J.] BOBDE, J.]