1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3706 OF 2006 IN SUIT NO. 3033 OF 2006 Chandrakant S. Rajput .. Plaintiff. Vs. Premnath S. Rajput & Anr. .. Defendants. ....... Ms.Majusha S. Kumbhar, Advocate for the plaintiff. Mr C.A.Athani, i/by Vikas Mahangare. for the defendants. ....... CORAM : A. A. SAYED, J. DATE : 11th DECEMBER, 2009 P.C. : 1. The suit is filed for partition. The parties are brothers. The subject matter of the suit is the property described at Exhibit ‘ B-1 of the plaint. Affidavit in reply to the motion is filed by ’ defendant no.1. There is no reply filed by defendant no.2. The only defence of the defendant no.1 appears to be that he had 2 financed the property which belongs to the mother of the parties. Vide order dated 20th October 2006, this Court had granted ad- interim relief in terms of prayer clauses (b) & (c) of the motion. It appears that the prayer clause (c) of the motion which relates to disclosure of documents, has not been complied with by the defendants. 2. Considering the facts and circumstances of the case and in absence of any documents having been relied upon by defendant no.1 to show that he has financed the property belonging to his mother, the case of the defendant no.1 cannot be accepted at least at this prima facie stage and the property in question is required to be protected till the final hearing of the suit. Hence ad-interim relief is confirmed. Notice of Motion is allowed in terms of clause (b). In so far as disclosure of documents is concerned, the learned counsel states that the affidavit would be filed with a period of four weeks from today. The statement is accepted and time to file the affidavit is accordingly extended. 3. The Notice of Motion is disposed of. No costs. ( A. A. SAYED, J.)