:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2551 OF 2006 IN SHORT CAUSE SUIT NO. 3135 OF 2004 Manjula Amritlal Shah and Ors. ...Plaintiffs Versus Bharatkumar R.Shah and Ors. ....Defendants ====== Mr.S.Bhagwat, Adv. for the plaintiffs. Mr.Vatsal Shah with Ms.Bhuta, Adv. for the Defendant no.1. Mr.Amit Sale, Adv. for defendant no.2. CORAM: S.C.DHARMADHIKARI, J. DATED: 7TH APRIL, 2008. P.C. P.C. P.C. : : : 1. This is a family dispute. 2. The Motion is by the Defendant no.2-Mother who is presently residing with the plaintiffs and she seeks the relief that she may be allowed to occupy the suit flat by appropriately partioning the same. :2: :2: :2: 3. Presently, the Defendant no.1 is in possession of the Flat and the Defendant no.2 is residing with one of the plaintiffs who are her daughters. 4. After this matter was argued for some time and although Mr.Vatsal Shah appearing for the Defendant No.1 upon instructions makes a statement that Defendant no.1 will make arrangement for the residence of Defendant no.2 in the suit flat, yet, it appears that Defendant no.2 does not want to spend her rest of the life facing any disputes and troubles. The plaintiff-Daughters are on one side and the Defendant no.1, Son is on the other. In these disputes, a suggestion was made as to whether the plaintiffs as well as Defendant no.1 would make arrangement for the residence of Defendant no.2 who is 87 years old. Both sides agree that within a period of 4 weeks from today, they will arrange for their mother a suitable accommodation on rental basis and share all expenses with regard to the initial deposit and monthly rentals. The Defendant no.2 can move into this Flat and the monthly bill shall be forwarded by her Advocate to the :3: :3: :3: plaintiffs Advocate, so also to Defendant no.1 and upon receipt thereof, they shall pay the bills/rentals in equal proportions. However, it would be open for them to make appropriate adjustments if one of them makes the entire payment. As of now, it is directed that they must share the expenses with regard to the initial deposit and future rentals as well. Needless to state, that the expenses would be shared by three plaintiffs on one side and one son on the other i.e. in the proportion of three-fourths and one-fourths. 5. Needless to state, that if the above arrangement is not made in addition to the Court recording the statement of Defendant no.1 that he will not alienate, encumber or part with possession of the Suit Flat, it would be open for the Defendant no.2 to apply for the Suit Flat being partitioned in such manner as is possible, so that, she lives comfortably and without being disturbed by the defendant no.1 and his family members. Motion disposed off. sd/- *********