acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 512 OF 2007 IN SUIT NO. 300 OF 2007 Pushpaben N. Harsora …Plaintiff. Vs. Jitendra N. Harsora & Ors. …Defendants. ---- Mr. Sanjay Jain i/b M/s Meghraj & Associates, for the Plaintiff. Mr. G.S. Rao i/b Lex Consultus, for Defendant no.3. Mr. Snehal Shah a/w Ms. Aakanksha Thakkar i/b M/s Purnand & Co. for Defendant no.4. ---- CORAM: S.J. VAZIFDAR, J. DATED: 12TH AUGUST 2009. P.C.: 1. The learned counsel appearing on behalf of Defendant no.4 states that the entire estate of the deceased has been disclosed in the schedule to the probate petition no. 571 of 2003. The statement is accepted. He agrees to give inspection of all the documents in relation thereto. The statement is accepted. 2. The learned counsel appearing on behalf of the Plaintiff seeks the payment to the Plaintiff of an ad-hoc amount for their maintenance. 3. The learned counsel appearing on behalf of Defendant no.4, however, states that all requirements of the Plaintiff are in fact met by 1 Defendant no.4. He further agrees and undertakes to meet the expenses and requirements of the Plaintiff including medical expenses, travel expenses and other day-to-day expenses as may be necessary. He states that the real dispute is between Defendant no.4 and his sister Defendant no.6. 4. In view of what is stated above, there is nothing at this stage which indicates that Defendant no.4 has not been looking after his mother, the Plaintiff. However, the learned counsel appearing for the Plaintiff states that for every small thing the Plaintiff has to approach Defendant no.4. 5. Prima facie, the Plaintiff is otherwise being looked after by Defendant no.4, I intend directing Defendant no.4 with a view not to leave cause for any grievance to pay an ad-hoc sum of Rs.5000/- p.m. to the Plaintiff. The amount shall be paid on or before the first day of each month. This would be in addition to the Plaintiff looking after and meeting all other requirements of the Plaintiff including as stated above. 6. All the parties are restrained from disposing of, alienating, encumbering, parting with possession of or creating any third party right, title or interest in respect of the estate of the deceased. This order shall operate only up to the disposal of the said probate petition and thereafter only, if the probate petition is dismissed. 7. The Notice of Motion is accordingly disposed of. 2