1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2278 OF 2005 IN SUIT NO. 664 OF 2005 Hemant Tokershi Shah ...Plaintiffs versus Vinod Neelkanth Deshmukh .....Defendant Ms. Yogini Gada i/b Harakchand & Co. for the Plaintiff None for the Defendant' s CORAM: A.P. DESHPANDE, J. DATED: 28TH APRIL, 2008. P.C.: 1. The counsel for the defendant was absent on 21-4-2008. With a view to afford an opportunity to the defendant to oppose the Notice of Motion the same was adjourned to today, Today as well the counsel for the defendant is absent. Notice of Motion is taken up for hearing. The learned counsel for the Plaintiff submits that the suit has been filed by the plaintiff for recovery of amount of Property tax, water charges and common electricity charges which the Plaintiff alone has paid. The defendant, it is submitted, is not contributing for payment of the out goings in relation to the tenanted premises situated at 2nd floor of the subject house. The Plaintiff and the Defendant are admittely co-owners. Only one tenament is fetching rent. The plaintiff has to make the payment without there being any contribution by the defendant. No reply has been filed to the Notice of Motion. By the present Notice of 2 Motion two fold prayers are made : (1) for restraining the defendant from alienaing the property and/or creating any third party interest therein and the other prayer is for directing the defendant to issue cheques for payment of the property tax, water charges and common electricity charges, which is a liability on the entire property. In the submission of the learned counsel for the Plaintiff a joint account has been opened in the name of the plaintiff and the defendant bear S.B.A/c No. 4948 with the United Western Bank, Goregaon branch and the out goings were to be paid from the said account, which has to be operated under the signatures of the Plaintiff and the Deendant, the same being a joint account. The prayer made in the Notice of Motion in the facts narrated hereinabove deserves to be granted. In the result, allowing the Notice of Motion, I grant prayer clause (a) and (b). (A.P. DESHPANDE J.)