FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY T. & I. J. T. & I. J. T. & I. J. N.M.T.NO.12 OF 2008 AND T.S.NO.44 OF 1996 AND T.P.NO.386 OF 1996 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Prothonotary’s : orders. : -----------------------------------:------------------------------------- Mr.Jay Chokri i/b M.Z.M.Legal for the plaintiffs/applicants. Mr.V.S.Pandey for the defendants. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 31ST MARCH, 2008 DATED: 31ST MARCH, 2008 DATED: 31ST MARCH, 2008 P.C.: . Heard learned counsel for the parties. 2. By this Notice of Motion, taken out by defendant no.3A, she has prayed for direction to the respondent to entertain her application and install the electricity connection at the suit premises i.e. flat No.4, Ground floor, Sneha Building No.1, Worli Sneha Cooperative Housing Society Ltd. Ambedkar Nagar, Waghmare Road, Worli, Mumbai 400 018. She has further prayed that the order dated 12th November, 1998 passed in Notice of Motion No.2225 of 1998 be modified and thereby the petitioner/plaintiff be directed to pay and/or contribute 50% of the maintenance charges of the suit flat. 3. I perused the affidavit in support of the motion and other material placed before me. I have heard learned counsel for the parties. It appears that vide order dated 12th November, 1998 the husband of defendant no.3A was directed to pay society charges till the disposal of the petition. After the demise of original defendant no.3 in 2004, his wife and two daughters were brought on record and since they are finding it difficult to pay the maintenance charges entirely she has taken out the present notice of motion. Admittedly, the plaintiff also resides in the suit flat. Keeping that in view and considering the reasons stated in the affidavit in support and also the order passed by the learned Single Judge dated 12th November, 1998 in Notice of Motion No.2225/98 I am inclined to allow the prayer (b) in the motion and I, accordingly, direct the petitioner/plaintiffs and defendant no.3A to pay 50% each the arrears of the charges as per bill No.3650 dated 1st December, 2007 amounting to Rs.17,333/- within a period of four weeks from today and shall keep paying 50% each the future maintenance charges of the suit flat till the disposal of the suit. Insofar as prayer (a), seeking installation of electricity connection is concerned, that prayer is made absolute on respondent-defendant no.3A paying all the arrears without prejudice to her rights and contentions in the petition within a period of four weeks from today. On such deposit being made the respondent-Chief Engineer, Distribution (North), BEST, Mumbai shall install the electricity connection at the suit premises. The order dated 12.11.1998 passed in Notice of Motion No.2225/1998, so far as prayer (b) in this motion is concerned, is modified in terms of this order. Notice of Motion is, accordingly, disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)