IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2286 OF 2007 IN SUIT NO. 1484 OF 2007 Kum. Jaya Kataria d/o Late Shri Harivallabh Mulchand Kataria .. Plaintiff V/s. Mrs. Vasantiben w/o Late Harivallabh Kataria & Ors. .. Defendants Mr. S.K. Jain with Ms. N. Desai for plaintiff None for defendants SMT. ROSHAN DALVI, J. DATE: 10th JUNE, 2008. P.C. :- . The Plaintiff is one of the three sisters amongst the six children of her deceased father in whose estate, she claims her share. The father has left behind two properties, one immovable property in Chembur and other being a Building in Kika Street, Kalbadevi, Bombay-400 004. The Plaintiff has applied for appointment of Court Receiver and an injunction against creation of further rights or transfers the suit properties. The Plaintiff has also applied for a payment of Rs.10,000/- per month out of the income from the suit property on account of her share to unable her to maintain herself. 2. It is the defendants case that the plaintiff has been paid her share during the lifetime of the father, by the father in a sum of Rs.5,000/-. It is the plaintiff's case that payment of Rs.5,000/- cannot constitute surrender of her share. 3. Case for appointment of Court Receiver is not made out. However, the fact that the plaintiff is one of the sisters, who entitled to 1/6th share, otherwise in the father's estate, cannot be denied by virtue of the admission of the relationship of the parties and the properties left by the deceased father. If the plaintiff succeeds in proving that payment of Rs.5,000/- would not constitute surrender of her share or that it was not in lieu of her share, she would be entitled to 1/6th share of the suit properties. Therefore, the defendants cannot alienate all the properties in suit property or create any third party interest rights. There shall be an order of injunction in favour of the plaintiffs and against the defendants from dealing with, disposing of, encumbering, parting with possession, or creating any third party rights including any licensees or future tenancies in respect of both the suit properties. 4. The plaintiff has claimed Rs.10,000/- to be paid to her from her share in the suit properties. Such amount cannot be paid until the plaintiff's case is seen at the hearing of the suit. The plaintiff' s claim is not for maintenance from the estate of the father against her brothers. Hence, such claim cannot be considered in the Notice of Motion. Aside from the aforesaid order of injunction, there shall be no other reliefs in the Notice of Motion. The writ of summons is served. 4. The defendants shall file the written statement within 8 weeks. Parties to complete inspection. Suit adjourned to 23.08.2008 for framing issues. ( ROSHAN DALVI, J. )