1 srk app--L-815-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) 815 OF 2010 IN NOTICE OF MOTION NO.2791 OF 2010 IN SUIT NO.3128 OF 1996 Manju Sureshchandra Upadhyaya. ... Appellant Versus Ashok Sureshchandra Upadhyaya and others. ... Respondents Appellant in person. Mr. R.J. Majra with Mr. M.B. Gawade for respondent No.5. Mr. Rajan Jayakar for respondent Nos.7 to 9. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Tuesday, February 08, 2011 P .C. Since the issues arising in the Testamentary Suit will have to be decided first, before taking up the Administration Suit, we find no error in the order of the learned trial Judge dated 28th September, 2010 to the extent that the learned trial Judge has observed that the Administration Suit is to be heard immediately after the testamentary suit. 2. Obviously, both the suits are assigned to the same Court as per the administrative order dated 4th September, 2010. 3. It is clarified that the order of the learned trial Judge shall not come in the way of the appellant moving an appropriate application for 2 srk app--L-815-10.sxw protecting her rights in the proceedings including the Administration Suit filed before the learned trial Judge. Appeal stands disposed of. CHIEF JUSTICE S.J. VAZIFDAR, J.