*1* nms.2974.09.s.2064.09.222 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2974 OF 2009 IN SUIT NO.2064 OF 2009 Ashfaque A. Omer. ..Plaintiff -Versus- Rukiabai Abdul Rehman Kadwani and others. ..Defendants .......... Ms.S.T.Shaikh i/b S.K.Srivastava and Company, for the Plaintiff. Ms.S.Sheth i/b FZB & Associates, for the Defendant No.1. Mr.Jai Chabaria i/b M/s Federal Rashmikant, for the Defendant No.5. Mr.Kund Cheema, for the Defendant No.15. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd December, 2010. P.C. 1 At the hearing of this Notice of Motion, additional affidavit is filed by the Defendant No.1 in which it is disclosed that by and under Agreement for Assignment dated 23.06.2010 the Defendant No.1 has agreed to transfer and assign her 25% undivided share right, title and interest in the leasehold plot of land admeasuring 1540 sq.yard equivalent to 1289 sq.mtrs. situate at Neapean Sea Road and more particularly described in paragraph No.2 of the affidavit tendered today. The Defendant No.1 has made further disclosure with regard to the Gift Deed being executed by her in favour of her daughter on 23.06.2010. These disclosures which are made in paragraph Nos.1 to 5 of the additional affidavit dated 25.11.2010, have been brought to the notice of the Plaintiff’s Advocate. 2 The Plaintiff’s Advocate states that in such circumstances the *2* nms.2974.09.s.2064.09.222 plaint will have to be amended and she would like to move an application in that behalf. The suit is filed for partition on the basis of the shares of co-owners in the immovable properties which are more particularly described in paragraph No.2 of the plaint and the schedule annexed as Annexure-A. 3 In these circumstances, this motion is disposed of with liberty to the Plaintiff to apply for interim reliefs after the amendment to plaint. To enable the Plaintiff to move appropriate application seeking amendment to the plaint, ad-interim order dated 22.07.2009 is directed to be continued for a period of 08 weeks from today. (S.C. Dharmadhikari, J)