1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1547 OF 2008 IN SUIT NO.1348 OF 2008 Arun Kishandas Chhabria ...Plaintiff Vs. Nirmala Kishandas Chhabria & Ors. ...Defendants Mr.Yashodhan Divekar, Advocate i/b. Divekar & Company for the Plaintiff Mr. D.D. Madon, Advocate i/b. Harjani & Co., for Defendant Nos.1 to 4 Mr. Nainesh Amin, Advocate for Defendant No.5 CORAM : SMT. ROSHAN DALVI, J. DATED : 23RD MARCH, 2010 P.C. : 1. The Plaintiff has sued for reliefs in respect of the estate and effects of his father mentioned in Exhibit-A to the plaint. Exhibit-A shows properties which were the self acquired properties of his father as well as HUF properties. The Plaintiff has also applied for partition of the HUF properties. 2. The Defendants have shown the precise properties left by the father under 2 the Will executed by the father and the present position of those properties along with their respective valuation. The Defendants have also given certain undertakings not to create any right in respect of the self acquired properties of father of the Plaintiff as also the HUF properties of the joint family of the parties. 3. The Plaintiff’s share, if any, in the self acquired properties of the father upon intestacy and of the Plaintiff’s share in the HUF properties would have to be determined at the time of the hearing of the Suit. At present these properties require to be protected in respect of the Plaintiff’s share therein. The HUF properties would further require protection also in respect of the share of the Plaintiff’s son. 4. The HUF business of the family would be required to be continued as before. 5. The Plaintiff would be entitled to a share, if any, in another business which is being carried out by the sister-in-law upon the Plaintiff showing his father’s right in the said business and his father’s intestacy. 6. The Defendants have agreed to protect the Plaintiff’s 1/4 th share in the self acquired properties of the father and the Plaintiff’s 1/6 th and his son’s 1/6 th share in the HUF properties. The properties which have been valued being movable properties contained in such Bank accounts and shares of the Companies can be protected by way of keeping aside or assuring payment of the 1/4 th share of the Plaintiff upon his father’s intestacy. The other 3 immovable properties and businesses can be protected by way of undertakings of the Defendants. The Defendant No.2 on behalf of all the Defendants as well as his wife have given certain undertakings to the Court. 7. The undertakings and statements of the Defendants made by the Defendant No.2 on behalf of the Defendants 1 to 3 as well as his wife are accepted. The undertakings signed by the Defendant No.2 are taken on record. 8. The Plaintiff resides in one of the flats in the same building which admittedly forms the estate of the father. The Plaintiff also shall not deal with, dispose off, part with possession, encumber, alienate or otherwise create any 3 rd party right in the flat on the first floor of Vithal Nagar Co- operative Society, JVPD Scheme, Mumbai-400 049 pending the Suit. 9. It is clarified that all the parties shall be entitled to carry out permissible repairs in their respective flats and building. 10.Notice of Motion disposed off accordingly. (SMT. ROSHAN DALVI, J.)