1 NMS.168/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 168 OF 2010 IN SUIT NO. 107 OF 2010 Mrs. Farida Ahmad wife of Shahnawaz Ahmad and D/o Naushad Ali Wahid Ali & Ors. ..Plaintiffs Vs. Mr. Mutiur Rehman s/o Naushad Ali Wahid Ali & Ors. ..Defendants. ---- Ms. E.A. Gonsalves, for the Plaintiffs. Mr. Bali i/b Bali & Associates for Defendant Nos.1 and 5. Mr. R.R. Chile, for Defendant No.6. --- CORAM: S.C. DHARMADHIKARI, J. DATED : 24 th AUGUST, 2010 P.C. 1] The plaintiffs and defendants claim to be entitled to the estate of the deceased Naushad Ali Wahid Ali and declaration is sought regarding the shares as set out in prayer clauses (a) and (b). 2] At an interlocutory stage the plaintiffs are seeking some protection so that they can occupy one of the properties listed in the schedule to the plaint viz. Ashiana bungalow and Ashiana Annexe which is stated to be a part of the estate of the deceased. 2 NMS.168/2010 3] When this notice of motion was placed before the Court for hearing and final disposal, upon suggestion of the Court and considering the ailment of plaintiff no.1, without prejudice to the rights and contentions of the parties, the following arrangement is agreed and by consent notice of motion can be disposed of in terms thereof:- (a) Order of status quo passed by this Court on 18.1.2010 to continue till the hearing and final disposal of the suit, but with a modification that the plaintiff and defendant no.4 can use and occupy the first floor of Ashiana bungalow situate at 26A, Carter road, Bandra, Mumbai-50 purely for residential purpose. (b) Parties are agreeable that for independent use of the plaintiffs and defendant no.4 they can create a make shift kitchen on the first floor and defendant nos.1 to 3 shall not have any objection to such arrangement made at site. (c) As far as defendant nos.5 and 6 are concerned, they are duly served. These defendants will bound by order of status quo and this without prejudice arrangement. However, in case they desire to seek any modification of the same, they are at liberty to apply with 72 hours prior notice to the plaintiffs’ Advocate. (d) Needless to state that since the first floor is being made available for plaintiffs and defendant no.4, defendant nos.1 to 3 shall 3 NMS.168/2010 remove their articles including furniture items lying therein so that premises can exclusively be occupied by the plaintiffs and Defendant no.4. (e) Needless to state that since the plaintiffs and Defendant no.4 are permitted to exclusive use of the said premises/bungalow, they will contribute towards the maintenance of the said bungalow and will pay their share of outgoings, electricity and water charges, so also statutory dues. 4] In the light of the above, the notice of motion stands disposed of. No costs. [S.C. DHARMADHIKARI, J.]