*1* 215-nms-2102-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srj NOTICE OF MOTION NO. 2102 OF 2009 IN SUIT NO.1095 OF 2009 Prabhakar S. Raut .. Plaintiff V/s. Hemlata D. Raut & Others .. Defendants C.K.Bhangoji, for Plaintiff. CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd November, 2010. P.C. 1 The Plaintiff has filed the suit for a declaration that he has 1/3rd share in the suit premises which is newly constructed permanent alternate accommodation i.e. to be allotted by Defendant No.3 to Defendant Nos. 1 and 2. The premises are more particularly described in the plaint. 2 It is clear from the averments in the plaint that the premises constitute the permanent accommodation in lieu of the old premises which were demolished and the property is re-developed by Defendant No.3. Defendant Nos.1 and 2 are the real sisters of the Plaintiff and have *2* 215-nms-2102-09 claimed through the common ancestor. At the ad-interim stage, Defendant No.1 appeared and made a statement that the 1st Defendant is ready and willing to give Plaintiff’s 1/3rd share. Therefore, the court directed that issue notice to Defendant Nos.2 and 3. This Court on 15th July, 2009 recorded the statement of Defendant No.3- developer that Defendant No.3 will not make any payment to Defendant Nos.1 and 2. 3 On 31st July, 2009, this Court recorded that nobody has filed any affidavit opposing the relevant prayers in the Notice of Motion, nor has anybody came forward to have the ad-interim order vacated. 4 It is in such circumstances, I am proceedings to dispose off this Notice of Motion. Considering the uncontroverted averments and statements in the plaint, there will be interim order in terms of prayer clauses (c) and (d) of the Notice of Motion. Thus, notice of motion is made absolute in terms of prayer clauses (c) and (d). Let Defendant No.3-developer deposit the sum which is payable to Defendant Nos. 1 and 2 in this Court within a period of eight weeks from the date of receipt of copy this order. 5 Registry to communicate this order to the Defendants. (S.C. Dharmadhikari, J)