1 JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2147 OF 2009 IN SUIT NO. 1861 OF 2002 Mr. Raishi S. Chheda & Ors. ... Plaintiffs. V/s. Mr. Dhirajlal R. Chheda & Ors. ... Defendants. Mr. P.G. Lad i/b. G.H. Shukla & Co. for the Plaintiffs. Mr. Indu Prakash i/b. M/s. Sarwankar & Co. for Defendants 1 and 2. CORAM : R.Y. GANOO, J. DATED : 16th JUNE 2010. P.C. :- By order dated 28th March 2005, Defendant No.1 was directed to pay to Plaintiff No.1 a sum of Rs.10,000/- for reasons more particularly, stated in the said order. This Motion is taken out by the Plaintiffs for enhancement of the receipt of money to the extent of Rs.35,000/-. 2. I heard learned Advocates on both sides. In the course of hearing of the Notice of Motion, learned Advocate Mr. Indu Prakash appearing on behalf of Defendant Nos.1 and 2 that without prejudice to the rights and contentions of Defendant 2 Nos.1 and 2 in the Suit as also without accepting the grounds set out in the affidavit in support of the Motion, Defendant No. 1 with a view to respect Plaintiff No.1, who is his father and looking to age of his father agreed to pay additional sum of Rs.2,000/-. The learned Advocate Mr. Indu Prakash submitted that since the Suit is ordered to be disposed of early by the learned Division Bench for two occasions, the Suit to be taken up for hearing at an earlier date that the matter is pending for framing of issues. 3. The learned Advocate Mr. Lad, appearing on behalf of the Plaintiffs upon instructions from Plaintiff No.1 who is present in the Court informs the Court that the suggestion given from Defendant No.1 is acceptable to Plaintiff No.1 and Plaintiff No.1 would be happy to receive additional sum of Rs. 2,000/- and the Court can pass appropriate order. He also submitted that the Plaintiffs are prepared to go ahead with the Suit. 4. In view of the willingness on both sides to fix the figure of Rs.2,000/- so far as this Notice of Motion is concerned, statement made by the learned Counsel for Defendant Nos.1 3 and 2 that the Defendant No.1 shall pay additional sum of Rs. 2,000/- is accepted. Accordingly, following order is passed :- (i) Defendant No.1 to pay to the Plaintiff amount as set out in order dated 28th March 2008 passed in Appeal No.636 of 2004 and in addition to that Defendant No.1 to pay to the Plaintiff a sum of Rs.2,000/- by way of additional amount with effect from June 2010. Installment of June 2010 shall be paid to the Plaintiff on or before 28th June 2010. Installment of July 2010 onwards shall be paid to the Plaintiff No.1 on or before 15th of every month. First installment shall fall on or before 15th July 2010. 5. The Notice of Motion stands disposed of in the above terms. The statement made by the learned Advocates on both sides that parties shall proceed with the Suit is recorded. Defendant Nos.3 and 4 have not filed written statement. The Written Statement of Defendant Nos. 1 and 2 is taken on record. The Suit is adjourned to 28th June 2010 for framing of issues. 4 (R.Y. GANOO, J.)