1 NMS.2735.2010-S.871.1996.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2735 OF 2010 IN SUIT NO. 871 OF 1996 Ramswaroop Girijaprasad Khandelwal ...Plaintiff Vs. Mathuraprasad Girijaprasad Khandelwal ...Defendants None for the Plaintiff Mr. Khushnood Akhtar i/b. Vigil Juris for the Defendant CORAM : SMT. ROSHAN DALVI, J. DATED : 13TH APRIL, 2011 P.C. : 1. This is a Plaintiff’s Notice of Motion for expedition of the suit. The suit is expedited. Notice of Motion is disposed off accordingly. 2. It is for the Plaintiff to prosecute the suit. The suit is for partition of the business of M/s. Nathimal Hiralal and M/s. Hotilal Shivlal. The Plaintiff has set out six items left by the father of the parties. The Defendants’ Advocate states that the Plaintiff is in possession of another business which has been listed as one of the properties in the suit. He also states that there are certain family arrangements with regard to the properties b, c and d listed in para 1 of the plaint, where the 2 NMS.2735.2010-S.871.1996.sxw Plaintiff has given up his right. The Plaintiff is stated to be in possession of properties at a and e in para 1 of the plaint. 3. It is contended by Defendants that the Plaintiff has been paid his due share, however to make up equal accounts the Defendants are prepared to negotiate. 4. The suit is between brothers. Since there are number of properties in possession of both the parties, mediation would be the best option to settle the dispute. Since the Defendants have offered settlement in Court itself, it will be for the Plaintiff to pursue that offer. 5. The parties shall negotiate for an amicable solution within 8 weeks from today. If the negotiations do not fructify issues shall be framed. 6. The suit is adjourned to 13th June 2011 for framing issues. (SMT. ROSHAN DALVI, J.)