jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 128 OF 2010 IN TESTAMENTARY SUIT NO. 42 OF 2009 IN TESTAMENTARY PETITION NO.166 OF 2008 Meghnath Jogi Shetty .. Plaintiff Versus Mrs. Gulabi w.o Kellar Jogi Shetty and others .. Defendants Mr. Ranvir Shekhawat for the Plaintiff Mr. S.A. Sawant a/w Mr.Samir Suryawanshi for the defendant Nos.1 to 5 CORAM : SMT. ROSHAN DALVI, J. DATED : 30th November, 2010 P.C. : 1. The Plaintiff applies for the reliefs to be granted in Civil Suit. Title is claimed by the plaintiff to some of the properties of the deceased. Since the Testamentary Court cannot go into the title of the properties of the deceased, the reliefs ancillary to the claim of title also cannot be granted. The Civil Suit has already been filed in the City Civil Court at Mumbai being Civil Suit No. 5525 of 1983. 2. The Notice of Motion is dismissed. ( ROSHAN DALVI, J.)