1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.157 OF 2009 IN TESTAMENTARY SUIT NO. 32 OF 2008 IN TESTAMENTARY PETITION NO.787 OF 2006 Surendrasing Thakur ...Deceased M.J.Majithia ...Petitioner/ Plaintiff Vs. Mrs.Neeta Arvind Verma ...Caveator/ Defendant And Mrs. Shobhana Surendrasing Thakur ...Respondent ----- Mr.N.G. Raut for Petitioner Mr.Laxman Venkatesan for Defendant Mrs. G.P. Vyas for Respondent ----- CORAM: V.M. KANADE J. DATED: 15TH JANUARY, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Caveator and the Plaintiff. 2. The Caveator/Defendant has filed this Notice of Motion and he is seeking various reliefs. By prayer clause (a), the Caveator is seeking an order of 2 injunction restrainingthe Plaintiff from creating any third party interest in respect of the properties and credits forming the estate of the deceased by appointing a Court Receiver and for a direction, directing the Plaintiff to file complete details of the movable and immovable properties and credits of the deceased referred to and stated in the alleged Will and Testament dated 7.4.2005 and restraining the Plaintiff from obstructing the entry of the Caveator into the flat situated at J.V.P.D. Scheme, Juhu. 3. The learned Counsel for the Caveator submitted that the Plaintiff has tried to create third party rights in respect of the properties and she has executed a gift deed and has tried to gift the said flat in favour of her other daughter Mrs. Alka Dinesh Prasad. It is submitted that, therefore, it is necessary to protect the properties being vested by appointment of Court Commissioner. He submitted that details of assets are not given and, therefore, direction may be given to the Plaintiff. He, however, submitted that he is not pressing for relief in terms of prayer clause (d) of the Notice of Motion. 4. The learned Counsel for the Plaintiff, on the other hand, submitted that the Caveat had been already filed in the City Civil Court in which 3 similar reliefs which are claimed in the Notice of Motion have been claimed by the Caveator. However, no ad-interim reliefs were granted by the City Civil Court. However, an undertaking is given by the Caveator that she will not enter in the suit flat. It is submitted that necessary details have been given by the Plaintiff in respect of the estate of the deceased. He submitted that the reliefs which are claimed by the Caveator cannot be claimed in the probate petition. Notice of Motion filed by the Caveator in the City Civil Court is pending. 5. In my view, there is some substance in the submissions made by the learned Counsel for the Plaintiff. Caveator has already filed suit in the City Civil Court and the Notice of Motion is pending and, therefore, in the probate petition the reliefs which are claimed viz. prayer clauses (a), (b), (d) cannot be claimed in the Testamentary Suit. The Caveator, therefore is at liberty to seek these reliefs from the Competent Court. However, so far as the details of the movable and immovable properties are concerned, the Plaintiff shall file an affidavit to that effect within four weeks from today. 4 6. Notice of Motion is, accordingly, disposed of. (V.M. KANADE J.)