NMS4361-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4361 OF 2009 IN SUIT NO.1402 OF 2009 Gurunath Mahadeo Koli .. Plaintiff Versus Gangabai Arun Koli & Ors. .. Defendants Mr.Aparna Murlidharan i/b. P.G.Lad for plaintiff CORAM : S.C.DHARMADHIKARI, J. DATE : 19th November 2010. P.C.: 1] This is a notice of motion in a suit filed by the plaintiff for a declaration that she and defendant Nos. 1 to 4 have 1/3rd equal share each in the suit premises which are more particularly described in the schedule annexed as Annexures C and D to the plaint. 2] The plaintiff and defendant No.4 are real sisters. Defendant No. 1 is the sister in law of plaintiff and defendant No.4. In other words, she is wife of the deceased elder brother. Defendant Nos. 2 and 3 are nephews being children of the deceased elder brother and the first defendant. NMS4361-09 2 3] The deceased is stated to have acquired rights in the property referred to in the schedule and disputes started on account of the fact that the plaintiff and defendant No.1 being sister in law have made allegations of grabbing property of the deceased, against each other. 4] In such a suit interim relief is claimed of appointment of court receiver and interim injunction. For the reasons that are set out in the affidavit in reply of the first defendant and bearing in mind that even the plaintiff has a premises for her residence, it is not just and convenient to appoint court receiver as prayed. As far as the claim to the flats at schedules C and D are concerned, first defendant has pointed out that there is another flat being Flat No.B-5 on the second floor of building which is also belonging to deceased father. The defendant No.1 is stating that even in that flat everybody has a right. As far as the suit premises are concerned, it is stated that the tenanted room No.1 stands in the name of the deceased. Flat NO.B-7 is occupied by sister in law and the children. There is a version which has been brought on record by defendant No.1, including the alleged no objection by way of letter dated 27th March 2008, addressed by the plaintiff to the Manager of BEST. Therefore, by her conduct, the plaintiff has disentitled herself from the interim relief is the stand taken by the first defendant. However, bearing in mind the nature of the controversy and parties making allegations against each other so also they claiming share in the properties more particularly described NMS4361-09 3 in the schedules C and D to the plaint, interest of justice would be served if during the pendency of the suit the parties are restrained by an order and injunction from disposing of, alienating, encumbering and/or creating third party rights in any manner in the properties mentioned at schedules C and D to the plaint. 5] Accordingly, there will be an interim injunction in terms of prayer clause (b) except the bracketed portion covering the words "Dealing With". Motion is disposed of. No costs. (S.C.DHARMADHIKARI, J)