1 915.nms-1478-07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 1478 OF 2007 IN SUIT NO. 2219 OF 2001. Sanat Mahesh Mehta & Anr. ..Plaintiffs. vs. Bela Apurva Kumar Anandijiwala & Ors. ..Defendants. .... Mr. Simil Purohit, i/b. Vimadalal & Co., for Plaintiffs. Mr. P. P. Prabhu, for Defendant No. 1(a), 1(b), 3 & 4. Mr. Y.N. Adhia, for Defendant Nos. 2A to 2D. .... CORAM : S.J. KATHAWALLA, J. DATE : 8TH SEPTEMBER 2011. P.C. : Heard the learned Advocates for the parties. Parties agree and confirm that the Plaintiff Nos. 1(a), 1(b) and 3 jointly and Defendant Nos. 2(a) to 2(d) jointly have equal share of 1/3rd share in the property of deceased Madanlal Nanabhai Shah, who expired on 2nd September 2001. However, there is some confusion between the parties qua the status of the ownership of the immovable properties described in Exhibit-A to the Plaint, the Deed of Partition dated 16th April 1952 and the Agreement for Sale dated 11th August 1992. It also appears that the confusion is mainly because certain survey numbers of the property have changed. 2. In view thereof, the Office of the Collector of Thane is directed to ascertain the status and ownership of the immovable properties described in Exhibit-A to the Plaint, the Deed of Partition dated 16th April 1952 and the Agreement for Sale dated 11th August 1992 and 2 915.nms-1478-07 after physical verification of the properties and hearing the parties and/or their Advocates, to submit his report to this Court within a period of 16 weeks from the date of this order. The parties shall also be at liberty to submit documents to the Office of the Collector of Thane along with their claims and contentions. 3. The Notice of Motion is accordingly disposed of with liberty to the parties to take out a fresh Notice of Motion seeking appropriate reliefs including the reliefs sought in the present Notice of Motion, after the Collector, Thane submits his report. [ S.J. KATHAWALLA, J. ]