1 NMS.1977/2009-S.2751/2008 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1977 OF 2009 IN SUIT NO. 2751 OF 2008 Jagruti Satish Mokashi ...Plaintiff Vs. Neeraj T. Sharma & Ors. ...Defendants Mr. Bhavesh Parmar for Plaintiff Plaintiff is present in person Mr. S.A. Bhalwal i/b. Vyas & Bhalwal & Co., for Defendant No.1 Mr. Kuldeep U. Nikam i/b. Khaitan & Jaykar for Defendant No.2 CORAM : SMT. ROSHAN DALVI, J. DATED : 21 ST SEPTEMBER, 2010 P.C. : 1. This Notice of Motion is taken out by the Defendant No.1 to buy/acquire the right, title and interest in respect of one of the properties mentioned in prayer clause (a) of the Notice of Motion. The Plaintiff has obtained the status-quo order. The Plaintiff does not object to Defendant No.1 buying of the suit property. Of course Defendant No.1 can buy it only at the current market price. 2. Defendant Nos.3, 4, 5 and 6 have filed consent affidavits. Their signatures 2 NMS.1977/2009-S.2751/2008 on the affidavits are identified by the Advocates of Plaintiff and Defendant No.1. 3. Only Defendant No.2 has not filed any affidavit consenting or objecting to the sale in favour of Defendant No.1. 4. Though the Defendant No.2 was represented on the last date of hearing and was given time to consider this aspect he has not remained present. He has not agreed as his other siblings have. His Advocate has no instructions. 5. He has not filed any affidavit in reply. 6. The Court is, therefore, required to act in the interest of all the parties. There shall be no harm and prejudice to any of the Defendants, if one of the Defendants is allowed to buy or acquire the property, provided it is purchased at the current market value. 7. Hence the following order. 1. Notice of Motion is made absolute in terms of prayer clause (a). 2. Defendant No.1 is allowed to buy/acquire the right, title and interest in the property 84, Sahney Sujan Park, Lulla Nagar, Kondwa, Pune at the current market value. 3. Defendant No.1 shall pay Plaintiff as well as Defendants 2 to 6 their 3 NMS.1977/2009-S.2751/2008 respective 1/7th share against execution and registration of the documents. 4. The Defendant No.1 shall give a copy of the registered agreement to all the Defendants and the Plaintiff. 5. The earlier order of status-quo dated 29th September 2008 is modified accordingly. 6. The Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)