/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.144 OF 2005 IN SUIT NO.75 OF 1994 IN PETITION NO.225 OF 1994 Valibai J. Paleja ...Deceased Shanta Jamnadas Paleja ..Petitioner/plaintiff V/s. Mathuradas Jamnadas Paleja ..Caveator/Defendant Mr.R.C. Nichoni i/b Ms.N.Z. Khapra for plaintiff. M.S. Bhandari i/b Suman Jain for defendant. CORAM : D.K. DESHMUKH, J. DATED : 29/06/2006 P.C.:- . This notice of motion is taken out by defendant seeking direction to the plaintiff. Even assuming that provisions of C.P.C. apply to the testamentary suit under O.39, defendant can not make an application seeking a temporary injunction of such a nature . Under such circumstances, power U/s.151 can also not be used as it would amount to negate the mandate of O.39. . Notice of motion is disposed of. (D.K. DESHMUKH, J.) / 2 /