NMS945-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.945 OF 2009 IN SUIT NO.558 OF 2009 Vandana Chandrakant Mohite & Anr. .. Plaintiffs Versus Mayavati Shankar Mohite & Anr.. .. Defendants Mrs.Anita Patil i/b. Sandeep Ghogre for plaintiffs none for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 11th October 2010. P.C.: 1] This motion was placed for dismissal as the plaintiffs and their Advocates were absent on the earlier date. Today, when it is called out for dismissal, learned Advocate appears on behalf of plaintiffs. 2] With her assistance, I have perused the plaint and annexures thereto. From a reading of the plaint itself, it is apparent that the plaintiff is claiming through the son of Bayaji. As far as plaintiff no.1 NMS945-09 2 is concerned, she is widow of Chandrakant Mohite and plaintiff No.2 is concerned, he is the son of Bayaji. 3] Bayaji had three sons, Shankar, Ramchandra and Chandrakant and daughter Tulsabai. After the death of Bayaji, suit premises were transferred to Tulsabai who died as child widow and after her death the premises were transferred to Shankar being eldest son of Bayaji. 4] Shankar has expired since and defendant No.1 is his widow and defendant No.2 is his son. Admittedly, plaintiff is claiming through Chandrakant who was never given any share after the succession opened on the death of Bayaji. In such circumstances, prima facie the claim of the plaintiffs that they have right, title and interest in the suit premises is doubtful. Therefore, no prima facie case is made out for grant of interim reliefs. Reliance is placed on page 42 of the plaint paperbook which is an advertisement stated to be issued by which the heirs of Shankar have claimed membership of the Cooperative society. Needless, therefore, to state that having prima facie found that the NMS945-09 3 plaintiff's claim is doubtful, all acts of the society and the defendants shall abide by the final orders in the suit and they will not claim any equities in that behalf. Motion disposed of. No costs. (S.C.DHARMADHIKARI, J)