1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3325 OF 2007 IN SUIT NO.355 OF 2007 Rajesh Manjappa Uchil and ors ....Plaintiffs V/s. Rajani Koorji Medhi ....Defendant Mr. P.M. Shah, for the Plaintiffs. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 9TH NOVEMBER, 2009. P.C. :- 1. The suit is filed for a declaration that the Plaintiffs are jointly entitled to the half share of the deceased who was the wife of Plaintiff No.1 and the mother of the Plaintiff Nos 2 & 3 in a flat and other assets. 2. The Plaintiffs have also sought an order directing Defendant No.1 to hand over the ornaments and other articles lying in a bank locker. 3. The flat was in the name of the mother of the deceased and the Defendant. Their mother died intestate. Their father also thereafter died intestate leaving the deceased and the defendant as the only heirs. 2 4. Several shares were held in the joint names of the deceased, the Defendant and their mother. By consent affidavit dated l0th May, 2002, the Defendant confirmed the above facts and further stated that it was the desire of her sister that her share should be transferred to the name of Plaintiff Nos 2 & 3. 5. There is no affidavit in reply. In the correspondence it is contended that it was agreed between the parties subsequently that the Plaintiffs would be entitled to retain the said flat and the Defendant to be entitled to the said share. Without any affidavit in reply or any other material it is difficult to accept this contention. At this stage the rights of the parties require to be protected. 6. In the circumstances, the Notice of Motion is made absolute in terms of prayers (a) and (d). The prayer clause (a) shall be complied with within l2 weeks from today. Liberty to apply thereafter. Notice of Motion is accordingly disposed of.