: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1329 OF 2008 IN SUIT NO.1240 OF 1989 Domnic F. Pereira ....Plaintiff V/s. Joseph Paul Pereira & Ors. ....Defendants Mr.K.N. Bhandari i/b M/s.Bhandary & Bhandary for the Plaintiff. Ms.S.T. Shaikh i/b S.K. Srivastava for Defendant No.3. Mr.Brijeshkumar Upadhayay i/b Purnanand & Co. for Defendant No.7. CORAM : S.J. VAZIFDAR, J. DATED : 10TH JULY, 2008. P.C. : 1. By an order dated 26.9.1991 in Notice of Motion No.1025 of 1989, it was directed in paragraph 6(iii) that the amounts received by Defendant No.1 from Defendant No.7 towards the agreement of sale dated 7.12.1985 be deposited in Court. Certain disbursements were directed to be made from the said amount. Liberty was granted to the Plaintiff to apply for withdrawal of the reasonable amount on account subject to his obtaining the permission from the Reserve Bank of India. Under clause 4 of the Will of the deceased whose estate is sought to be administered the Plaintiff is entitled to 15% of the annual net income from the property sold pursuant to the said agreement during his life time. Thus this amount the : 2 : Plaintiff is entitled to as a life interest. Further under clause 5 of the Will, upon the death of the wife and daughters, their share was to be divided equally between the sons viz. the Plaintiff and one Joseph Paul - original Defendant No.1. Defendant Nos.2 to 5 are the legal heirs of the said Joseph Paul. Under clause 4 of the Will, 70% of the amount from the said property was to be distributed as life interest to the wife and other children. 30% was to be kept apart as a reserve fund. Thus the minimum that the Plaintiff would be entitled to would be his 15% share and an additional 22.5% . I do not intend however allowing the Plaintiff to withdraw the entire amount. It is desirable that certain amount be retained subject to final orders in the suit to meet any contingencies. 3. In the circumstances, the Notice of Motion is disposed of in the following terms :- i). Pursuant to the liberty granted in paragraph 6(iii) of the order dated 26.9.1991, the Plaintiff shall be entitled to withdraw the amount of 25% during his life time from the interest on the amounts invested. : 3 : ii). Hearing of the suit is expedited.