1. Rule with the consent of the learned counsel for the parties made returnable forthwith and heard.

2. The above Petition takes exception to the order dated 6/7/2012 passed by the learned Judge, City Civil Court, Greater Bombay by which order the Notice of Motion No.1305 of 2011 in SC Suit No.2123 of 2008 came to be rejected.

3. By the said Notice of Motion No.1305 of 2011, the Petitioner herein had sought the stay of the suit filed by the Respondent No.1 herein being SC Suit No.2123 of 2008 till the probate proceeding being Testamentary Suit No.33 of 2010 filed by the Petitioner herein is decided.

4. The suit in question has been filed by the Respondent No.1 for an injunction restraining the Defendant No.1 from objecting, obstructing, or interfering with the Plaintiff from managing the affairs of the suit property i.e. plot of land admeasuring 555.18 sq.meters bearing CS No.101/74 of Suparibaug Estage, Plot No.131 of Parel Sewree Division along with a building known as Shanti Niketan thereon at Parmar Guruji Cross Road (Opposite Nare Park), Parel Mumbai – 4000 012. An injunction is also sought to the effect that the Defendant be restrained by a permanent order of injunct