1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1127 OF 2009 IN SUIT NO.3135 OF 2004 Manjula A. Shah & Ors. ....Plaintiffs V/s. Bharatkumar R. Shah & Ors. ....Defendants Mr.Bharat Joshi i/b Mr.Sandeep Bhagwat for the Plaintiffs. Mr.Vatsal Shah with Ms.Asha Bhuta i/b Bhuta & Associates for Defendant No1. Mr.Amit Sale for Defendant No.2. CORAM : S.J. VAZIFDAR, J. DATE : 29TH AUGUST, 2009. P.C. :- 1. Although normally at the ad-interim stage especially in view of the previous proceedings, I would be reluctant to grant any orders. I am inclined to grant some relief only in view of the fact that the Applicant/Defendant No.2 is the mother and aged 88 years. 2. Prima-facie at least the mother has at least a half share in the suit flat. There are serious disputes between her and her son – Defendant No.1 and the members of his family. It is, therefore, necessary to ensure that she is permitted exclusive right as an ad-interim arrangement in respect of one bedroom. 3. In the circumstances, the following ad-interim order is passed :- 2 i). Pending the hearing and final disposal of the Notice of Motion, Defendant No.2 shall be entitled to the exclusive use of the bedroom shown at Exhibit-C of the affidavit in support with the dimension 13’ - 11” x 9”. Defendant No.2 shall also be entitled to use in common with Defendant No.1 and the members of his family the rest of the flat except the other bedroom shown on the said plan with the dimension 18`- 0” x 8` - 8”. Defendant No.2 shall also be entitled to accommodate in the said bedroom any of her daughters except Plaintiff No.3 and the members of her family. She shall also be entitled to keep a nurse/maid if she so desires to look after her. Defendant No.2 shall be entitled to keep the said bedroom locked when she is not occupying the same. Mr.Shah’s statement is accepted that the access of Defendant No.2 to the bathroom shall at no time be restricted or obstructed. 4. The Notice of Motion to come up in due course.