RUPALI MEHTA Vs. TINA NARIENDER SAIN MEHTA

JUDGEMENT

(1.) This Notice of Motion has been taken out by the plaintiff in Suit No. 75 of 2005. Petition No. 378 of 2005 has been filed by the present plaintiff Rupali Mehta praying for grant of letters of administration with the Will annexed. The letters of administration are sought in relation to the estate left behind by Captain Narindersain Bhimsain Mehta, who expired on 22nd december, 2004. The Defendant Tina Narinder Sain Mehta had filed a caveat and therefore the petition was converted into Testamentary Suit No. 75 of 2005.

(2.) The plaintiff has taken out this Notice of Motion seeking an order for appointment of the receiver as also seeking interim orders in relation to the property which according to the plaintiff is left behind by the deceased.

(3.) An objection has been raised on behalf of the Defendant to the maintainability of this Notice of Motion seeking interim orders in relation to the property which according to the plaintiff is left behind by the deceased on the ground that in a petition filed for letters of administration with Will attached or in a petition for grant of probate, title of the deceased to the property or properties left behind by the deceased is not the subject-matter of the suit and therefore, the court does not have power and jurisdiction to make interim orders in relation to the property.