IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.53 OF 2008 IN TESTAMENTARY SUIT NO.05 OF 2007 IN TESTAMENTARY PETITION NO.494 OF 2006 Izadyas Rohinton Irani .. Plaintiff Vs. Dr.Mrs.Dhun Kailhushroo Sorabjee Mody & Anr. .. Defendants Mr.Shailesh Shah a/w Mr.Vasant Dhawan for the plaintiff. Mr.Sorab Kaikhushroo Modi-defendant no.2 present in person as C.A. of defendant no.1 CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th October 2008. : 17th October 2008. : 17th October 2008. P.C.: . Heard the 2nd defendant appearing in person in support of Notice of Motion. Various objections have been raised by the 2nd defendant relating to the merits of the Testamentary Suit. One objection is regarding the jurisdiction of the Court to entertain and try the suit or the petition. Various issues relating to the title to the property are sought to be raised. The 2nd defendant is also claiming relief of injunction. 2. In so far as issue regarding jurisdiction is concerned, the same will have to be raised in the written statement. The issues raised regarding title 2 cannot be gone into in limited jurisdiction of this Court while deciding a probate petition. So far as relief of injunction is concerned, the 2nd defendant will have to take out appropriate proceedings. A grievance has been made that certain documents are not being produced by the petitioner-plaintiff. If that is so, the effect of non production will have to be considered at the time of hearing of the suit. If the plaintiff is declining to produce relevant documents in his possession, the defendants can always lead secondary evidence of the said documents at the time of hearing of the suit. 3. Hence, the Notice of Motion is disposed of. It will be always open for the defendants to file appropriate suit or proceedings for raising the issues relating to title and for grant of interim reliefs. No adjudication can be made by this Court on the said issues in the probate petition. 4. All contentions in the main suit are expressly kept open. The suit shall be set down on board on 14th November 2008 for settlement of issues. In the meanwhile, the parties will exchange draft issues. 3 (A.S.Oka,J)