Rupali Mehta vs Smt. Tina Narinder Sain Mehta on 29 August, 2006
2 On going through the Interim Application, I fnd that the
prayers sought for cannot be granted in the Testamentary Petition.
This has been clearly held by a single Judge of this Court in the case
of Rupali Mehta Vs Tina Narinder Sain Mehta reported in 2006(6)
Mh.L.J. 786 as well as by a Division Bench of this Court in the case of
Ramchandra Vs Vithalrao reported in 2011(4) Mh.L.J. 50. As held in
these two judgments, the Probate Court is only concerned with the
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question as to whether a will of the deceased is genuine and that it
has been made voluntarily. It cannot grant interlocutory relief in
respect of the property which form part of the estate of the deceased
prior to the grant of the probate. In view of the aforesaid two
decisions no relief can be granted in the above Interim Application.
The applicant/ caveator is free to seek these reliefs in any substantive
proceedings. Mr. Saraogi, the learned counsel appearing on behalf of
the applicant/ caveator states that they have already fled their
substantive proceedings before the City Civil Court, Dindoshi. The
applicant/ caveator herein, who is the plaintiff before the City Civil
Court, Dindoshi, will be at liberty to seek these reliefs in those
proceedings. If such reliefs are sought for, the same shall be decided
by the City Civil Court, Dindoshi on its own merits and in accordance
with law. With the aforesaid clarifcation, the Interim Application is
dismissed. No order as to costs.