(Ratna) Page No. 1 of 1 Sr.No.4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 5260 OF 1998 Ravindra Raghunath Thakaur …. Plaintiff V/s. Shankar Raghunath Thakur & Ors.…. Defendants Coram : B.M. Gore Commissioner for Taking Accounts Date : 09 June 2015 Advocate for Plaintiff absent Plaintiff present in person. Mr. N.D. Jaywant, Advocate for Defendant Nos. 1, 3 and 4 CALLED FOR DIRECTIONS : Pursuant to Order dated 22 February 2011, the Hon'ble Court was pleased to declare that the Plaintiff in Suit No. 5260 of 1998 is entitled to 1/5 th share in suit property. Further, Defendant Nos. 1 to 4 are also entitled to 1/5 th share each in suit property i.e. Ganga Niwas, Aarey Road, Goregaon (E), Mumbai – 400 063 on CTS No. 300 and 300/1. The Hon'ble Court has further directed to divide the suit property by metes and bound between five brothers failing which the parties shall have the said property valued by the Valuer from the panel of the Hon'ble Court appointed by Prothonotary and Senior Master and upon valuation being obtained, property be sold to highest offerer and net sale proceeds be distributed among the parties. Said order dated 22 February 2011 was lodged in this office, hence, matter was taken on file and Notices were issued to other side. ….. 2 SUIT NO. 5260 OF 1998 : 2 : I may mention here that after passing the order dated 22 February 2011, Defendant Nos. 1 and 2 have filed a Review Petition No. 50 of 2011 in Suit No. 5260 of 1998 and vide order dated 18 November 2011, order passed by Hon'ble Court on 22 February 2011 is modified. It appears that the Plaintiff in Suit No. 5260 of 1998 has deliberately not annexed the copy of the order passed in Review Petition No. 50 of 2011. Therefore, this office proceeded on the basis of the Order dated 22 February 2011. Defendant Nos. 1 and 2 insisted that the appropriate action may be initiated on Plaintiff for mis-leading this office for not producing the Minutes of Order dated 18 November 2011. Today, Advocate for Plaintiff in Suit No. 5260 of 1998 is not present, however, Plaintiff is present in person and he is not able to explain as to why copy of Minutes of Order dated 18 November 2011 is not filed in this office. It appears that there is a deliberate attempt on the part of the Plaintiff to mislead this office. In view of order dated 18 November 2011, the Plaintiff will not be entitled for partition of Ganga Niwas by metes and bounds. However, the Hon'ble Court has ordered that the Plaintiff will be entitled to 1/5 th share in FSI on the entire plot of land and the Defendant would be entitled to the FSI of the entire plot less the area in their occupation. In view of the subsequent order dated 18 November 2011, the Commissioner For Taking Accounts is not required to divide the property by metes and bounds or to sell the property and distribute the net sale proceeds among the parties. Therefore, nothing survives. Hence, matter is removed from board. No order as to costs. 09.06.2015 Commissioner for Taking Accounts