1 S.1233.2003.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1233 OF 2003 Mira Ramnath Prabhu & Ors. ...Plaintiffs Vs. Sunil Ramnath Prabhu ...Defendant Mr. Indu Prakash with Mr. L.K. Tripathi for the Plaintiffs Mr. Kunal Bhanage for Defendant CORAM : SMT. ROSHAN DALVI, J. DATED : 15TH FEBRUARY, 2011 P.C. : 1. This is a partition suit filed by the mother and her two daughters against the son. The respective shares in the property are admitted. The son is entitled to 1/4 th share of the suit flat being Flat No.5, M/s. Parlashray Co-operative Hsng. Society, 521, Azad Road, Vile Parle (East), Mumbai-400 057. Upon the admission of relationship between the parties and their respective shares in the suit property, the suit property is required to be partitioned. Preliminary decree came to passed on 17 th December 2009 by Justice Oka. 2. The property, however, is not partible. Hence the value of the property was required to be taken so that the share of the 2 S.1233.2003.sxw Defendant can be paid off to the Defendant. The Plaintiffs initially valued the suit property at Rs.1 crore and offered the Defendant his 1/4 th share. This came to be recited in this Court’s order dated 12 th January 2011. Payment of the Defendant’s share would be the final decree in the suit. 3. However the Defendant desired to find out the value of the flat to bid higher to buy off the flat. That also came to be recited in the order dated 12 th January 2011. 4. The parties has bid higher. The Plaintiffs’ last bid is Rs.1.25 crore. The Defendant’s last bid is Rs.1.30 crores. The Defendant’s bid is accepted as the highest bid. Hence the Defendant has to pay off the Plaintiffs’ 3/4 th share in the suit flat. That valuation would be Rs.97.5 lakhs for the 3 Plaintiffs together. Therefore, upon the highest bid, the Defendant is to make payment of Rs.97.5 lakhs to the Plaintiffs. That payment shall have to be made within a reasonable time. Upon such payment being made the Plaintiffs shall have to vacate the suit property. 5. This is upon the Defendant’s higher offer which is upon his contention that the value of the flat is higher than what the Plaintiffs had offered. 6. If the Defendant does not abide by the higher valuation put by 3 S.1233.2003.sxw himself, he will have to accept the last valuation put by the Plaintiffs and the last offer made by the Plaintiffs to partition the flat by the Plaintiffs buying off the Defendant’s share. That would be the value of Rs. 1.25 crore offered last by the Plaintiffs. In that case the Plaintiffs would require to pay the Defendant Rs.31.25 lakhs to buy off the Defendant’s share and the Defendant would have to vacate the flat upon such payment being made. 7. This would, therefore, constitute the final decree. The final decree is passed as follows: 1. The Defendant shall deposit in this Court Rs.97.5 lakhs representing 3/4 th of the value of the suit flat at Rs.1.30 crores being the value placed by the Defendant upon his highest offer made to Court. 2. The deposit shall be made within 4 weeks from today. 3. If the Defendant deposits Rs.97.5 lakhs within 4 weeks from today, the Plaintiffs shall vacate the suit flat within 2 weeks of the said deposit upon withdrawing the said amount. 4. If the Defendant fails to deposit Rs.97.5 lakhs in Court within 4 weeks, his offer would stand cancelled. In that 4 S.1233.2003.sxw case the Plaintiffs’ highest offer of Rs.1.25 Crore would be effectuated. In that case, the Plaintiffs shall deposit Rs.31.25 lakhs representing 1/4 th of the said valuation in Court within 8 weeks from today. 5. If the Plaintiffs deposit Rs.31.25 lakhs within 8 weeks the Defendant shall be entitled to withdraw the said amount within 2 weeks of the said deposit upon and only after vacating the suit flat. 6. If the Plaintiffs also fail to deposit the aforesaid amount, the suit shall stand dismissed. 7. The Suit is disposed off in terms of the aforesaid final decree. 8. The drawnup decree is dispensed with. (SMT. ROSHAN DALVI, J.)