DR. D.Y.CHANDRACHUD, J.

1. Sushila Vithalrao Hande is alleged to have executed a will on 2 October 2002. The Appellant is named as executor under the will. Upon the death of the testatrix, the Appellant filed a Testamentary Petition seeking probate of the will. The Fourth and Fifth Respondents filed a Caveat and an affidavit in support. The Appellant initiated an interlocutory proceeding in the form of a Notice of Motion for seeking an injunction restraining the Fourth and Fifth Respondents from entering upon, coming to or interfering with the immovable property of the testatrix. The motion was opposed by the the Fourth and Fifth Respondents on the ground that in view of the judgment of Mr.Justice D.K.Deshmukh in Rupali Mehta vs. Tina Narinder Sain Mehta (2006(6) Bom.C.R. 778), the Motion was not maintainable. In that judgment it has been held that in a petition for probate, an order of injunction cannot be granted in relation to the property of the deceased since the Court in such a petition, is not concerned with the will, the sole question for consideration being whether or not the will is genuine. When the motion came up for hearing before the Learned Single Judge, it