ILA VIPIN PANDYA Vs. SMITA AMBALAL PATEL

JUDGEMENT

(1.) THIS order will dispose of Notice of Motion No. 643 of 1997 and Notice of Motion No. 262 of 1998.

(2.) NOTICE of Motion No. 643 of 1997 has been taken out by the caveatrix for a number of reliefs. Prayer Clauses (b) and (c) are for appointment of Receiver. Prayer Clauses (d) is for an injunction. Prayer Clause (a) seeks a direction to the plaintiff petitioner to disclose on oath all the properties and assets in Bombay, Ankleshwar, Ahmedabad and elsewhere of the deceased Mr. Vipin Dalsukhram Pandya. A further direction is sought to amend the schedule to the petition for Letters of Administration.

(3.) AT the outset it needs to be stated that this Notice of Motion has been argued on four different dates as testamentary matters are taken only on Thursday. It also needs to be stated that the Notice of Motion has been argued as if the testamentary suit itself is to be finally disposed of. This, I think, is not the correct approach when the Court has merely to decide an interim application by way of a notice of motion.