1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2889 OF 2009 IN SUIT NO.1970 OF 2009 Smt.Chandrashobha Manakchand Jain @ Gothi .. Plaintiff V/s Vinaykumar Manakchand Jain @ Gothi & Ors. .. Defendants Mr.Dinesh Shah for the Plaintiff. Mr.Sharad Jani for Defendants. CORAM : S.C.DHARMADHIKARI J. DATE : 11TH DECEMBER, 2009 P.C. : 1. This is the suit for partition of the joint family property filed by the plaintiff-mother who is today 72 years of age. The Defendants are her sons and daughters. 2. The plaintiff had problems with 1st Defendant-son and apprehending that the property would be dealt with by him and would not be available for partition, she has moved this Court. 3. My attention is invited to schedule of property at Exhibit A . Flat ‘ ’ No.217 at Chandralok C.H.S.Ltd. Walkeshwar, and Flat No.603 at Jagani Apartment, Napean Seal Road are valuable properties. Presently the Flat No.603 at Nepean Seal Road is in possession of 2 Defendant No.2. Plaintiff is occupying the house at Sundarnagar, Kalina, Santacruz, Mumbai. She is occupying it alongwith Defendant Nos.3 and 4. Her apprehension is that the 1st Defendant may deal with the properties and thereafter it would not be available for partition by metes and bound. 4. At the ad-interim stage, I had passed order directing the parties to maintain status quo as far as property enlisted in this schedule (Exh.A) is concerned. After the matter was argued for sometime, both sides stated that they have no objection if the status-quo order is continued. Hence, the parties are directed to maintain status-quo in respect of the property enlisted in the schedule of property (Exh.A) at page No.27 of the Plaint. However, this shall not prevent them in remaining in possession of the property/flats and paying the requisite charges/outgoings in respect thereof. 5. Mr.Shah, Advocate for the plaintiff states that the plaintiff-mother is of 72 years of age and the 1st Defendant should provide some monthly amount for her maintenance. From the affidavit placed on record including the Written Statement of the 1st Defendant it is clear that there are some problems on account of 1st Defendant s’ failed marriages. In these circumstances, presently she is looked after by Defendant Nos.2, 3 & 4. In future if the plaintiff desires to seek any sum as monthly maintenance from the Defendants she can 3 make proper application and that would be dealt with on its own merits in accordance with law uninfluenced by this order. 6. Notice of motion stands disposed of. The Ad-Interim order in terms aforesaid to continue till the hearing of the suit. (S.C.DHARMADHIKARI, J.)