SUKUMAR BHOJA SHETTY Vs. GANAPAL BHOJA SHETTY

JUDGEMENT

(1.) This Notice of Motion is filed for seeking the following reliefs:-

(2.) Applicant in the Notice of Motion is the Plaintiff in Testamentary Suit No.113 of 2017. It is contended by Applicant that in view of pendency of Testamentary Suit in this Court, Defendant ought to be restrained by an order of injunction from proceeding further in Execution Application No.151 of 2018 before the learned Court Commissioner for Taking Accounts, Bombay High Court, inter alia, for partition of residential flat No.7 in Sapna Building, New Asha Nagar CHS, Chembur, Mumbai and for Taking Accounts of Swagat Lunch Home situated in Amar Mahal Building, Chembur, Mumbai. In effect, Applicant prays for stay of execution proceedings filed pursuant to a decree dtd. 6/5/2017 passed by the Bombay City Civil Court in L.C. Suit No.5256 of 2007 (between the same parties) until the hearing and disposal of Testamentary Suit No.113 of 2017.

(3.) Before I advert to the submissions made by the learned Advocates, it would be opposite to refer to such of the relevant facts which are necessary for adjudication of the present Notice of Motion.