1 nms4020-09 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4020 OF 2009 IN SUIT NO.2259 OF 2009 Sanober Roomy Raghina ..Plaintiff. Versus Niloofer K. Balsara & Others ..Defendants.. Mr.T.B. Dalal for the plaintiff. Mr.Gautam Patel i/by Ms.S.P. Nanavati for defendant No.1. Mr.P.N. Mody with Ms.Najma Shaikh i/by Vigil Juris for defendant No.2. Mr.N.P. Lashkari i/by Vishwas Pathak & Co. for defendant No.3. CORAM : R.Y. Ganoo, J. DATE : 23rd August, 2011. P.C. : 1. Heard learned counsel on both the sides. After having perused the record, it is not clear as to what are the assets left by the deceased Dr.K.N. Dastur. I find one prayer namely prayer clause (d), by which the plaintiff wants that the defendant No.1 should disclose the particulars of the properties left by Dr.K.N. Dastur. After the plaintiff receives the aforesaid list, it will be open for the plaintiff to apply for appropriate reliefs in order to protect her interest. 2 nms4020-09 2. By the present Notice of Motion, diverse reliefs are sought. In my view, once the properties left by Dr.K.N. Dastur are ascertained, it will be convenient for the plaintiff to apply for appropriate reliefs. Hence, this Notice of Motion is disposed off by passing the following order : The defendant No.1 shall file an affidavit in this Court, on or before 16th September 2011, stating therein various assets which Dr.K.N. Dastur has left to her knowledge. A copy of this affidavit shall be served on the advocate for the plaintiff on or before 21st September 2011. Once this affidavit is received by the plaintiff, the plaintiff is free to take out appropriate proceedings. The Notice of Motion stands disposed off in above terms with no order as to costs. This Court has not expressed any view on any of the reliefs sought in this Notice of Motion. The Court is informed that the Suit is dismissed, so far as defendant No.4 is concerned. Learned counsel for defendant No.1 states that the dismissal of Suit, so far as defendant No.4 is concerned, will have a bearing on the maintainability of the present suit. The learned counsel for defendant No.1 is free to agitate this point as and when occasion arises. (R.Y. Ganoo, J.)