1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO. 91 OF 2009 IN TESTAMENTARY SUIT NO. 49 OF 2009 IN TESTAMENTARY PETITION NO. 1033 OF 2008 Jitendra Nath Parmanand Soni ...Plaintiff. Vs. Mr. Girdhari Motumal Chugani & Anr. ...Defendants. Mr. Tejas Vora i/by Mrs. B.S. Shivhare for the Plaintiff. Mr. Jayen R. Trivedi of the Defendants/Applicants. CORAM :- ANOOP V. MOHTA, J. DATED :- 15TH SEPTEMBER, 2009. P.C.- 1 The Notice of motion is taken out by the Caveators in pending suit/ petition with regard to the probate of the last will and testament of Lal Murli Chugani. Both the parties have no objection if prayer clause (a) is granted. 2 Prayer clause (a) is as under:- “a) that pending the hearing and final disposal of the above suit Court Commissioner may be appointed under Order 26 Rule 9 of Civil Procedure Code and be directed to take inventory of all the movables, articles, furnitures, fixtures, artifacts and paintings lying and being in the said flat No.74/78, Sukhmani Apartments, Bomaji Petit Road, Warden Road, Mumbai 400036 2 and also to take inventory and prepare list of jewellery and articles lying in locker No.67-B with State Bank of India, Kemps Corner Branch, Mumbai 400 036.” However, instead of Commissioner, by consent, the Court Receiver or its Officer/ Agent/ representative is directed to act, as prayed. 3 By consent, the Court Receiver or Officer/ Agent/ representative will also verify the operation of the Bank Locker after 19th February, 2008 i.e. the date of death of the deceased. 4 The parties to take steps accordingly. The parties will bear the expenses equally, if any. The Court Receiver to submit his report on or before 6th October, 2009. 5 The Notice of Motion is accordingly allowed. No cost. (ANOOP V. MOHTA, J.)