1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTIC OF MOTION NO.2763 OF 2008 IN SUIT NO. 7025 OF 1999 Dr.Mahesh M. Mittal ...Plaintiff Vs. Vikas Mohanlal Mittal & Aner. ...Defendants Ms. Neeta V. Parekh for Plaintiff Mr.K.R.Parekh for Defendants CORAM: SMT.ROSHAN DALVI, J. DATED: 4 TH FEBRUARY , 2009 P.C. 1. This is a partition Suit. The Defendants are the brother and the nephew of the Plaintiff. Both parties agree that the Plaintiff as well as the Defendants are entitled to a 1/2 share in the Suit property. The Suit property is the building consisting of ground plus 5 upper storeys. There are 9 tenants in the suit property. 3 tenements are in the possession of the Plaintiff and the Defendants together. 2. Since the relationship between the parties is admitted and the extent of the shares between the parties is determined a preliminary decree for partition is required to 2 be passed under provisions of Order XX Rule 18 of the C.P.C. The declaration prayed for in prayer (b) with regard to the 50% undivided right, title and interest of each of the parties is granted. The property shall be accordingly partitioned. 3. The party shall work out which part of the property they wish to have as their undivided interest. If the parties cannot work out the partition by mutual consent, the Suit property shall be divided by metes and bounds as determined by an Officer of this Court. 4. Mr. Mathkar, Asstt. Prothonotary & Sr. Master, High Court, Bombay is appointed Officer to divide the Suit property equally between the parties, in case the Plaintiff and the Defendant cannot determine their respective shares within 4 weeks from today. 5. The parties shall be entitled also to obtain a fair valuation of the Suit property and entitled to buy over the share of the other party. 6. The Notice of Motion is disposed of accordingly. 7. The Suit shall be on board for passing the final decree 3 on 4 th March, 2009. (SMT. ROSHAN DALVI, J.)