1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 385 OF 2009 IN SUIT NO. 111 OF 2009 Jaya Prakash Makhijani. ... Plaintiff. V/s. Sonali Deepak Makhijani & Anr. ... Defendants. Mr. Santosh Kumar Mishra i/b. Singhania & Co. Plaintiff. Ms. Tejal A. Chavan i/b. R. Bhargavan & Assoc. for Defendant No.2 CORAM : S.C. DHARMADHIKARI,J. DATED : 21st NOVEMBER 2009. P.C. :- This is a Suit for partition of an immovable property in which the Plaintiff and Defendants claimed 1/3rd undivided share, right, title and interest. 2. It is set out in the plaint that the Suit flat was purchased by Defendant No.2 and his wife – the deceased Mohini Gulab Mirchandani. The Plaintiff is the daughter of the deceased and Defendant No.2 whereas Defendant No.1 is the younger sister of the Plaintiff. Thus, both daughters together with the father are claiming right, title and interest in the property. 3. The property is a valuable flat situate at Colaba in South Bombay and admeasuring 860 sq.ft. carpet area. 2 4. From the record it appears that Defendant No.2 is in possession of the same. He is a Senior Citizen. He states that he will maintain status-quo as of today, in respect of the said flat. He states that he has not created any 3rd party rights nor has he parted with the possession of this flat and he uses and occupies it by himself. The First Defendant has not appeared despite being served. 5. Considering the relief claimed, the admitted relationship and the consent of Defendant No.2 for maintaining status-quo, in my view, this Notice of Motion can be made absolute by directing that all parties to the Suit shall maintain status-quo in relation to the Suit property prevailing as of today, till the hearing and final disposal of the Suit. Liberty to apply for variation of this order in case, the occasion so arises. (S.C. DHARMADHIKARI,J.)