1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.3407 of 2009 in Suit No.2401 of 2009 1 Mrs.Shobhna Jaychand Lodaya and another ..Plaintiffs vs. 1 Smt.Lilawati Kunwarji Dharamshi and another ..Defendants Ms.Madhuri Gosar i/b Mr.Bharat Mehta for plaintiffs. None for defendants. CORAM: S.C. DHARMADHIKARI J. 25th November, 2009 P.C. 1 In a suit for administration of estate of the deceased and for declaration that the plaintiffs and defendants have 1/4th equal share in the said estate, the instant notice of motion has been moved. 2 It is stated in the plaint that the deceased was the father of the plaintiff and defendant no.2. The deceased was the husband 2 of defendant no.1. Thus, there are two daughters and one son of the deceased. The suit is filed not only for administration of the estate of the deceased but also for estate of paternal uncle and aunt. The paternal uncle and the father together had acquired certain properties. They have been listed in the schedule annexed as Exhibit A to the plaint. The father expired on 12th October, 1963, the paternal uncle expired on 15th January, 1989 and after the death the properties were held by their aunt during her life time. The paternal aunt also died intestate on 14th April, 2006. The paternal aunt and uncle had no issue. Thus, the plaintiffs and defendants are the only heirs and legal representatives of the deceased father and paternal uncle and aunt. It is alleged in the plaint that after the death of aunt, defendants sought to usurp the property and deprive the plaintiffs of their share. 3 Therefore, legal notice was sent which was duly received but there is no reply. 3 Even after institution of the suit, there is no reply filed to the Notice of Motion although both the defendants are duly served. 4 Considering that the deceased even otherwise had a share in the estate of his brother and that share coupled with the share of the deceased devolved on intestacy on to the plaintiffs and defendants, a prima facie case is made out. In these circumstances, I am satisfied that interests of justice would be sub-served if at this stage motion is made absolute in terms of prayer clauses (b) and (c). Notice of Motion is accordingly made absolute in terms of prayer clauses (b) and (c) with no order as to costs. (S.C.DHARMADHIKARI J.)