1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.105 OF 2008 IN NOTICE OF MOTION NO.2 OF 2005 IN PETITION NO.172 OF 2004 Kalpana Dilip Dave ..Petitioner. Vs. Smt. Pista @ Pramila Chhagganlal Dave ..Respondent. And Housing Development Finance Corpn. Ltd. ..Applicant. .... None for the Petitioner. Ms. Jyoti Ghag i/b M/s. Thakore Jariwala & Associates for the Applicant. Mr. S.M. Khaire for the Respondent. .... CORAM : DR. D.Y. CHANDRACHUD, J. 30th July, 2009. P.C. : The Motion has been taken out by the Housing Development Finance Corporation Limited seeking an appropriate direction from the Court for depositing the documents of title in this Court. The Motion has been taken out in a testamentary petition filed by the widow of the 2 deceased, Dilip Dave. The Respondent to the Petition is the mother of the deceased. The case of the Applicant Bank is that the deceased had taken a housing loan from the Bank. The Bank had filed a suit on the Original Side, (Suit 329 of 2006) for the recovery of its dues. The entire payment due and outstanding to the Bank is, according to counsel appearing on behalf of the Applicant, made and the dues of the Bank have been settled. In the circumstances, the Bank is desirous of returning the documents of title, but seeks an appropriate direction for the deposit of the documents in Court. Counsel appearing on behalf of the Respondent to the testamentary proceedings states that the documents may be returned to the Respondent since the Respondent is residing in the residential flat together with the minor daughter of the deceased. At this stage, it would not be appropriate for the Court to grant the relief that has been sought by the Respondent in the Motion taken out by the Applicant. The Applicant seeks an order from the Court for the deposit of the documents of title before this Court. As between the Petitioner and the Respondent since the testamentary petition is still pending, it would only be appropriate and proper to grant liberty to the parties to take out 3 appropriate proceedings for directions of the Court in regard to the documents of title. There shall be an order in these terms. Accordingly permission is granted to the Applicant Bank to deposit the documents of title in respect of the flat more particularly described in the Schedule to the Notice of Motion with the Prothonotary and Senior Master. These documents shall lie with the Prothonotary and Senior Master and will abide by such orders that may be passed by the Court in the testamentary proceedings. The Motion is accordingly disposed of. *****