1 app27-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.27 OF 2011 IN NOTICE OF MOTION NO.1781 OF 2010 IN SUIT NO.1597 OF 2010 Rajesh S. Kanchan & Anr. ....Appellants V/s. Vanaja P. Puthran & Ors. ....Respondents Ms.Rajni Iyer, Senior Counsel i/b Mansukhlal Hiralal & Co. for the Appellants. Mr.S.K. Jain with Mr.S.P. Kashid for the Respondents. CORAM : MOHIT S. SHAH, C.J. AND S.J. VAZIFDAR, J. MONDAY 7TH FEBRUARY 2011. P.C. :- 1. With the consent of the learned counsel for the parties, we have taken up this appeal for final disposal. 2. Since the order under appeal is only an ad-interim order which will not substantially affect the appellant till the Notice of Motion is heard, we are not inclined to interfere with the same. However, the leaned counsel for the appellants/defendants submits that appellant no.2 is the mother of appellant no.1 and other respondents. It is also 2 app27-11 submitted that the mother has no other means of livelihood, though she has a number of properties in her name. The learned counsel for the appellants submits that if appellant no.2 is permitted to sell any one or more such properties, she will be able to get some funds from which she can maintain herself. It is also submitted that if appellant no.1 is required to pay the monthly sum of Rs.10,000/- to the plaintiffs, appellant no.1 will not be able to maintain the mother, appellant no.2, as well. 3. On the other hand, the learned counsel for the respondents/plaintiffs submits that respondent no.1 is residing in smaller premises with two children and needs more source of income and nothing has been paid to the plaintiffs after the death of the father in the year 2003. 4. Having heard the learned counsel for the parties, we modify the order to the extent that in case appellant no.2 the mother, moves the learned trial Judge for permission to sell any of the properties standing in her name, the learned Judge may consider such application. For instance as the deceased left without making any will, as admitted by the parties, absent anything else the mother may be permitted to withdraw 20% of the sale proceeds of such amounts. So also, it will be open to the mother to give on leave and licence Flat No.9, Adarsh Apartment, “A” Wing, Golibar Road, Santacruz (East) Mumbai-400 055 upon expiry of the present leave and licence agreement. However, in such event, the plaintiff shall have the first right of refusal. It is obvious that in case the plaintiff is permitted to occupy the said flat on leave and licence upon making the highest offer of the licence fees, the plaintiff will occupy the same as an agent of the Court and no rights or 3 app27-11 equities will be claimed by the plaintiff thereby. 5. The appeal is partly allowed to the extent of the above modifications. Rest of the order of the learned Judge is confirmed. The appeal stands disposed of. CHIEF JUSTICE S.J. VAZIFDAR, J.