1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3932 of 2007 IN SUIT NO.2901 of 2007 Ashok Sadashiv Surve ..Plaintiff -versus Chandrashekhar Sadashiv Surve and ors .. Defendants Prashant Karande for the Plaintiff. None for the Defendants. CORAM: S. J. VAZIFDAR, J DATED: 16th November,, 2009. P.C. 1. The suit is filed in respect of the gift deed dated 22nd February,2006 by which the original Plaintiff gifted the suit premises to Defendant No.l. 2. The original Plaintiff had six daughters and three sons including Defendant No.l. Three of his daughters and a son expired. It is contended that there was no reason for the deceased to gift the said property in favour of Defendant No.l to the exclusion of the other children. It is contended that Defendant No.l misled the Plaintiff into executing the gift deed while he was under severe medication and was unable to realise the implications of signing the same. 3. There is no affidavit in reply. The Defendant No.l is 2 absent. In the circumstances, it is not possible to reject the allegations made by the original Plaintiff. The original Plaintiff has expired. The present Plaintiff who is his eldest son was brought on record. He claims to be the beneficiary under a will of the original Plaintiff. 4. In the circumstances it is necessary to protect the interests of the parties during pendency of the suit. The Notice of Motion is made absolute in terms of prayer (b),