1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1103 OF 2008 IN TRUST PETITION NO.1 OF 2008 Sagar Harish Sharma & Anr. ..Petitioners. V/s. Sushma H. Sharma & anr. ..Respondents. Mr.T.N.Subramaniam i/b. Earnest Legal & Assoc.for applicants. Mr.Sunip Sen i/b Akshay Vani for respondents. CORAM: D.B.BHOSALE, J CORAM: D.B.BHOSALE, J CORAM: D.B.BHOSALE, J DATE : MAY 2, 2008. DATE : MAY 2, 2008. DATE : MAY 2, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. At the outset learned counsel for the Respondent submits that the suit premises consists of two flats. One of the flats admeasures 1200 sq.ft, consisting of three bed rooms and other admeasures about 1000 sq.ft. consisting of two bed rooms. He submits that he has instruction to state that the Respondents shall hand over possession of the bigger flat consisting of three bed rooms to the Petitioner within a period of four weeks from today after carrying out an alterations, if any, required for that purpose. His statement is accepted. The 2 respondent is accordingly directed to hand over possession of the bigger flat to the Plaintiff within the time after carrying out alteration, if any. By consent, this arrangement is made on adhoc basis. Counsel for the respondent further states that the respondent shall render accounts of the trust before the next date of hearing. His statement is accepted. 3. By consent, there shall be an Order in terms of prayer clause (b). After the Plaintiffs are put in possession of the bigger flat, as aforementioned, both shall restrain themselves from interfering with possession of the flats in their possession. 4. By consent, Motion is disposed of. The petition to come up for hearing on 16th June, 2008. 5. If the respondents desire to file reply to the petition, they may do so, with an advance copy thereof to the advocate for the petitioner at least a week before the next date of hearing. (D.B.BHOSALE,J) (D.B.BHOSALE,J) (D.B.BHOSALE,J)