1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.3201 of 2008 In Guardianship Petition No.55 of 2007 Ms.Annie Dias. .. A major Mr.Servio La Dias Mrs.Stepheny Dias. .. ..Petitioners Smt.A. Rodrigues. .. ..Guardian Mr.G.A. Lobo for Petitioners. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 15 th September, 2008 P.C. : 1. In the Guardianship Petition, the Prothonotary and Senior Master of this Court came to be appointed guardian of one Annie Dias. Annie Dias is shown to be the joint owner of a flat in the Pearl Co-operative Housing Society Ltd. with Petitioner No.1 herein. 2. Petitioner No.1 is desirous of selling the said flat. He has 50% entitlement to the said flat. The remaining 50% is of the said Annie Dias. 3. The Petitioners through their Advocate has given an 2 advertisement in the Times of India on 9.1.2008. The Petitioners are stated to have obtained several offers, the best of which is stated to be of Rs.42 Lakhs. The Petitioners have, therefore, applied for sale of the flat for Rs.42 Lakhs and further applied for an order to allow Petitioner No.1 to purchase the share of Ms. Annie Dias at Rs.21 Lakhs and deposit the same in this Court. 4. Since the guardian of the said Annie Dias has already been appointed and since the guardian is none other than the Prothonotary and Senior Master of this Court, the Prothonotary and Senior Master shall inquire and ascertain whether the price of Rs.42 Lakhs is the market price of the said flat as of September 2008. If that is so, the Petitioners shall be entitled to deposit Rs.21 Lakhs in this Court. 5. If the guardian appointed in this Petition i.e. the Prothonotary and Senior Master finds out upon inquiry that the price is higher than Rs.42 Lakhs, the Petitioners shall be entitled to orders in this Notice of Motion upon deposit of the 50% of such amount. 6. The Prothonotary and Senior Master shall make inquiries from the said Society and ascertain from the Ready Reakoner the market value of the said flat. 3 7. Upon the market value being ascertained, the Petitioners shall deposit 50% of the value of the flat in this Court with the Prothonotary and Senior Master within two weeks of the ascertainment. Upon such deposit, the Petitioners shall be entitled to sell the said flat. 8. The Notice of Motion is adjourned to 30.9.2008 for further directions upon the deposit made and shown by the Petitioners. [SMT.ROSHAN DALVI, J.]