1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTIC OF MOTION NO.2069 OF 2006 IN SUIT NO. 1828 OF 2006 Sushila Zaverchand Shah ...Plaintiff Vs. Jayant Dharshi Shah ...Defendant Mr.M.N.Kenia i/b. Mr. Manish M. Kenia for Plaintiff Mr. N.N.Vaishnawa for Defendant CORAM: SMT.ROSHAN DALVI, J. DATED: 12 THJUNE, 2009 P.C. 1. This is a partition suit between the sister-in-law and the brother-in-law. The parties admit that they have a 50% share in the suit property. The suit property is land and the structure standing thereon including the tenanted building as described in plaint. 2. The parties would be entitled to ½ share each in the 2 immovable property itself as well as the rents, income and profits of the said property. Since the relationship between the parties, share of the parties as well as the suit property itself is admitted a preliminary decree for partition is required to be at once passed. Both Counsel agree that the decree be passed. 3. The Plaintiff and the Defendant shall be entitled to a ½ share in the rents, income and profits of the suit property. 4. The Plaintiff and the Defendant shall also be entitled to ½ share each in the proceeds of the suit property. 5. Both Counsel state that they shall negotiate to sell the suit property. The suit property shall be sold to the purchaser obtained by either party. The higher offer obtained by either party shall be accepted. Until the sale is effectuated, the Defendant agrees to give the Plaintiff her admitted ½ share in the rents, income and profits of the suit property after deducting the taxes and expenses therefrom. Such rents, income and profits shall be given on 30 th June and 31 st December of each year until 3 the property is sold. The first of such installment shall be given on 31 st July, 2009. 6. The Defendant shall not transfer any tenancy or create any 3 rd party rights except with the consent of the Plaintiff. 7. The Defendant agrees that the Defendant shall give credit to the Plaintiff at the time of distribution of the parties ½ share to the extent of the amounts received upon the tenancies already transferred by the Defendant without the consent of the Plaintiff. 8. Suit as well as Notice of Motion are disposed of accordingly. (SMT.ROSHAN DALVI, J.)