IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 91 OF 2008 NO. 91 OF 2008 NO. 91 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.142 OF 2005 OF MOTION NO.142 OF 2005 OF MOTION NO.142 OF 2005 IN IN IN TESTAMENTARY TESTAMENTARY TESTAMENTARY SUIT NO.53 OF 2005 SUIT NO.53 OF 2005 SUIT NO.53 OF 2005 (PETITION (PETITION (PETITION NO.477 OF 2003) NO.477 OF 2003) NO.477 OF 2003) ALONGWITH ALONGWITH ALONGWITH APPEAL APPEAL APPEAL NO.92 OF 2008 NO.92 OF 2008 NO.92 OF 2008 IN IN IN CHAMBER CHAMBER CHAMBER SUMMONS NO.83 OF 2005 SUMMONS NO.83 OF 2005 SUMMONS NO.83 OF 2005 IN IN IN TESTAMENTARY TESTAMENTARY TESTAMENTARY SUIT NO.53 OF 2005 SUIT NO.53 OF 2005 SUIT NO.53 OF 2005 (PETITION (PETITION (PETITION NO.477 OF 2003) NO.477 OF 2003) NO.477 OF 2003) Mathuradas Jamnadas Paleja ...Appellant. (Org.Caveator) Versus Uday Hansraj Paleja & Ors. ...Respondents. (Org.Plaintiff & Org.Respondent Nos.1 to 4) Mr.S.C.Naidu a/w Mr. M.S.Bhandari i/by Sean Wassoodeo for the Appellant. Ms.K.C.Nichani i/by Ms. N.Z.Khapra for the Respondents. CORAM CORAM CORAM : S.B.MHASE & : S.B.MHASE & : S.B.MHASE & R.V.MORE, R.V.MORE, R.V.MORE, JJ. JJ. JJ. DATED DATED DATED : 9TH SEPTEMBER, 2008 : 9TH SEPTEMBER, 2008 : 9TH SEPTEMBER, 2008 P.C. P.C. P.C. . The Respondent No.1 has filed an undertaking that he shall not deal with the Estate of the deceased Suresh Jamnadas Paleja till the Probate of his Will is granted to him in the Petition. He has further given an undertaking that as regards the essential expenses ( 2 ) incurred or to be incurred by him or reinvestment of current securities upon maturity, he will make an application to the Hon’ble Single Judge and appropriate the expenses from the Estate or make reinvestments as may be permitted by the Hon’ble Single Judge. The undertaking given is common in both the Appeals. The said undertaking is hereby accepted. It is taken on record and marked "X" for identification. The Respondent No.1 has further stated that the xerox copies of the 10 passbooks out of 13 have been given to the Appellant. One passbook is not available with the Respondent because it is an old one. In respect of the other two passbooks the Respondent has made an Application to the Bank to get the copies and states that within a period of one week, the copies will be available. The Respondent No.1 undertakes to supply those copies to the Appellant. In view of these undertakings given by the Respondent No.1 and the copies being supplied to the Appellant, the grievance of the Appellant as made in the Notice of Motion Nos.142 of 2005 as well as in the Chamber Summons No.83 of 2005 stand redressed. 2. Both the appeals, accordingly, stand disposed of. ( 3 ) (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)