R. M. S. KHANDEPARKAR, J.:- Heard.

Admit. The learned advocate waives service for the respondents. By consent, heard forthwith.

2. The appeal arises from an order dated 11th January, 2007 passed by the Learned Single Judge in Notice of Motion No.117 of 2006 in Suit No.35 of 1996 in Petition No.84 of 1993. By the impugned order, the Learned Single Judge has discharged the notice of motion while imposing costs of Rs.10,000/- on the appellant. By the impugned order, the Learned Single Judge has held that in the civil suit the plaintiffs have died and it is not in dispute that the original petition was filed by them for probate of the Will of the deceased in their capacity as the executors as named in the Will, the suit abates and therefore, obviously the notice of motion in the suit, which does not remain pending for interim orders, cannot be entertained.

3. The appellant herein had taken out the said notice of motion seeking various reliefs including the relief for appointment of an Official Administrator for administration and governance of the estate of Late B.R.B. Vakil. The said notice of motion was opposed on behalf of the respondents contending the same to be not maintainable on a

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