1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3531 OF 2009 WITH NOTICE OF MOTION NO.106 OF 2009 Anitha Sasi Nambiar .. Plaintiff Versus Smt.Sarada J. Nair and Ors. .. Defendants Mr.R.S.Datar for plaintiff Mr.G.S.Bhat for defendant Nos. 1, 2 and 6. CORAM : S.C.DHARMADHIKARI, J. DATE : November 23, 2009. P.C.: 1] Heard learned Counsel for parties. Perused the affidavit in support and affidavit in reply together with annexures thereto. Considering the reliefs claimed and that the plaintiff is seeking her share in the property of her late father, interest of justice would be served, if it is directed that the defendant Nos. 1, 2 and 6 (newly added defendant) should file further affidavit disclosing the moveables, assets, including bank accounts held by the deceased either singly or jointly with defendant No.1 and/or any other party. Let such affidavit be filed within a period of six weeks from 2 today. 2] Mr.Bhat appearing on behalf of defendant Nos. 1, 2 and 6 states that these defendants have made a disclosure with regard to the properties mentioned in the schedule (Exh.A) to the plaint. He states that till the hearing and final disposal of the suit, these defendants will maintain status quo as of today in respect of the properties more particularly mentioned in Schedule Exh.A to the plaint. However, this shall be restricted to such of the properties as are in possession of the defendant Nos. 1, 2 and 6 and/or over which they have control. In other words, if such of the properties which are stated to be tenanted and if amounts are being recovered from the tenants as rent/ compensation, then, save and except incurring the repairs and maintenance expenses, so also for payment of taxes, no other sums be expended or incurred by the defendants in relation to the tenanted property. 3] However, this order does not prevent these defendants from seeking leave to dispose of such properties and, therefore, to apply for variation and/or modification of the order and all such applications shall be dealt with, uninfluenced by the order passed today. This liberty is 3 granted because it is stated by Mr.Bhat across the bar that defendant No.1 is suffering from cancer and, therefore, any sums required for treatment be spent from the income generated from these properties. Let an application be made accompanied by proper affidavit for variation of the order and then, the Court will consider the same on merits. 4] Mr.Bhat states that that this order should not prevent defendant Nos.1, 2 and 6 from making a provision for the medical expenses of the defendant No.1. It is only the income from these properties that is utilised for this purpose. He, therefore, submits that the Court should allow the income received from rent and compensation to be utilised for this purpose either in full or in such part as is necessary. Mr.Datar on the other hand submits that there are no particulars disclosed of how the payments have been made for all these years. 5] In my view, considering the serious ailment of the first defendant, interest of justice would be served if the second defendant – son opens a bank account and deposits all the rent/ compensation received, therein and whenever necessary, he may withdraw such sums for the medical expenses from this account but details of these sums withdrawn and 4 spent for maintenance and repairs of the properties shall be disclosed by filing affidavit in this Court. Let such an affidavit be filed within three months from opening of a bank account and the deposit of sums therein. Let such an affidavit be filed every quarter until further orders from this Court. Motion is disposed of accordingly. (S.C.DHARMADHIKARI, J)