: 1 : IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE JURISDICTION & INTESTATE JURISDICTION & INTESTATE JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.71 OF 2007 MOTION NO.71 OF 2007 MOTION NO.71 OF 2007 IN IN IN SUIT SUIT SUIT NO.28 NO.28 NO.28 OF 1999 OF 1999 OF 1999 IN IN IN PETITION PETITION PETITION NO.116 NO.116 NO.116 OF 1999 OF 1999 OF 1999 Harsh Rajnikant Kilachand .. Plaintiff. (Orig.Petitioner) Versus Ramila R.Kilachand .. Defendant (Orig.Caveator) And Suresh Tulsidas Kilachand & Ors. .. Applicants. Ms.A.B.Kapadia i/b.D.Fereira & Diwan for plaintiff. Ms.Dipti Das i/b.Dunmorr Sett for defendant-caveator. CORAM CORAM CORAM : V.C.DAGA, J. : V.C.DAGA, J. : V.C.DAGA, J. DATE DATE DATE : 4th February, 2008. : 4th February, 2008. : 4th February, 2008. P.C.: P.C.: P.C.: 1. Heard parties. 2. By consent of parties, notice of motion is made absolute in terms of prayer clause (a), however, subject to the rights of defendant Smt.Ramila R.Kilachand to be involved in Suit No.2110 of 2004. This deposit shall not create any equity in favour of either of parties to the proceedings. The amount be deposited pursuant to the prayer clause (a) within a period of one week from today. 3. In the event of such deposit, the Prothonotary & : 2 : Senior Master is directed to invest this amount in fixed deposit with any nationalised bank, initially, for a period of six months and should keep the investment renewed until further orders of this Court. 4. Notice of motion stands disposed off in the above terms. (V.C. (V.C. (V.C. DAGA, J.) DAGA, J.) DAGA, J.)