This Notice of Motion has been taken out 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 the Will annexed. The letters of administration with are sought in relation to estate the 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 property which according to the plaintiff is left behind by the deceased.

3. An objection has been raised on behalf of the Defendant maintainability of this Notice of Motion seeking interim orders in relation property which according to the plaintiff is left behind by the deceased ground that in a petition filed for letters of administration with Will attach a petition for grant of probate, title of the deceased to the property or pro left behind by the deceased is not the subject-matter of