1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.213 OF 2007 IN SUIT NO.142 OF 2007 Elvira Fernandes & Ors ...Plaintiffs Vs. Bella Felix Fernandes & Anr. ...Defendants Mr.Sean Wassoodew for Plaintiffs Ms.Eventa Gonsalves for Defendants WITH NOTICE OF MOTION NO.2230 OF 2007 IN SUIT NO.1568 OF 2007 Bella Felix Fernandes & Anr. ...Plaintiffs Vs. Elvira Fernandes & Ors ...Defendants Ms.Eventa Gonsalves for Plaintiffs Mr.Sean Wassoodew for Defendants CORAM: SMT.ROSHAN DALVI, J. DATED: 27TH MARCH, 2008 P.C. 1. The parties are related. They claim from a common ancestor. The suit property is a structure of ground plus one upper floor. Plaintiffs in one suit live on the ground floor. The plaintiffs in the other suit live on the first floor. Both the Advocates state that status- quo with regard to the 2 possession of the suit premises as it prevails today be continued pending the Suit. 2. The Suit is for partition of the suit premises. The relationship of the parties, except one adopted daughter, is admitted. The suit premises, which is the only property to be partitioned, is also admitted. Only the extent of the share of the parties is not admitted. The parties have negotiated through Mediator earlier, but which has failed. It would be wise for the parties to negotiate further so that the stalemate as per the status- quo may end. However, the status- quo as of today shall continue pending the suits. 3. The Plaintiffs in Suit No.1568 of 2007 who live on the first floor require their premises to be repaired. It is clarified that they shall obtain repair permission from the BMC and carry out repairs as per such permission. It is clarified that they shall not infringe the FSI under the guise of repair. The Plaintiffs in Suit No.142 of 2007 have no objection for the same. 4. Both the Notice of Motions are disposed off accordingly. (SMT. ROSHAN DALVI, J.)