1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 517 OF 2010 IN SUIT NO. 1210 OF 2010 Chandrakant Fakira Telge ...Plaintiff Vs. Arun Fakira Telge & Ors. ...Defendants Mr. Mehta i/b. E.A. Gonsalves for Plaintiff Ms.Gunjan Shah i/b. S.A. Sawant for Applicant/Defendant No.1 Mr. Mohan Salian for Added Defendant No.8 Mr. Satyen Vaishnawa with Rajendra G. Megh for Defendant 2 C CORAM : SMT. ROSHAN DALVI, J. DATED : 28TH APRIL, 2010 P.C. : 1. The Suit is ripe for hearing since the Written Statement is filed. Issues shall have to be framed. The Suit requires the estate of the deceased father of the Plaintiff, Defendant No.1 and original Defendant No.2 who are brothers to be administered. The main estate is Shop No.1 in building called Sheila Mahal at Shahid Bhagat Singh Road, Colaba, Mumbai- 400 005. The Plaintiff claims that the deceased father was the member of the Society since December 1993. He expired in 1998 leaving behind the Will. The Plaintiff claims that another person who was a member released his 2 right on 28 th July 1999 under an unregistered Release Deed. There were certain recovery proceedings of the Society against that person. The Recovery Certificate was issued to the Society in 1999. 2. After the death of Defendant No.2 his son is singly carrying on business in the Suit premises. The Plaintiff as well as Defendant No.1 claim a share in the business profits. The son of Defendant No.2 who is now Defendant No. 2(C) has produced a registered Sale Deed of the 3 rd party in his favour executed in 2008. The Plaintiff challanges the execution of the Sale Deed itself upon his claim that the Suit premises was the self acquired property of their father in which all the 3 brothers along with their sister and mother had equal share. Pending the Suit the Suit property requires to be protected by an order of injunction. Case for Court Receiver 10 years after filing the Suit is not made out as the Suit itself can proceed for hearing. The Defendant No.2(C) who is carrying on business in the Suit premises shall maintain accounts and not transfer, alienate, part with possession, encumber or create any 3 rd party rights in the Suit premises pending the Suit. 3. Since the Written Statement is filed the Suit is adjourned to 10 th June 2010 for framing issues. 4. Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)