KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.79 OF 2010 IN TESTAMENTARY SUIT NO.66 OF 2005 IN TESTAMENTARY PETITION NO.335 OF 2005 Shri Sharad Nana Shinde ..Plaintiff Vs. Shri Dhananjay Nana Shinde ..Defendant ---- Mr.Dinesh S. Sehgal for the plaintiff. Mr.Shirshail Kittad i/by S.Ashwinkumar & Co. for the defendant. ---- CORAM : R.S.MOHITE, J DATE : 6/8/2010 P. C.: 1 Heard Advocate for the plaintiff who has taken out this Notice of Motion. I find that the averments in the Notice of Motion are vague. It is alleged that the defendant, since 2003 has collected the rents of the late Shri Nana Shinde who is a deceased without giving any accounts. No details of the number of tenants are given. At the stage of arguments, it is also mentioned that KJ 2 there are tenants in the property as shown in serial no.1 to the schedule of the main petition. Advocate for the defendant contends that affidavit in support itself is vague. At this stage, he states he may be allowed to withdraw the Notice of Motion with liberty to file a separate Notice of Motion. Notice of Motion stands disposed off as withdrawn with a liberty as aforesaid. (R.S.MOHITE,J.)