1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2701 OF 2006 IN SUIT NO.2367 OF 2006 Smt.Tarlika Mahendra Shah and another Plaintiffs versus Bharat Mahendra Shah and another Defendants Mr.A.N.Narula i/by M/s.Jhangiani, Narula & Associates for plaintiffs. Ms.J.M.Sidhwa i/by M/s.K.V.Chheda & Co. for defendants. CORAM : S.J.KATHAWALLA, J. DATE : 22nd November 2010 PC : 1. This is an unfortunate litigation between the mother and her divorced daughter on the one hand and the son and daughter-in-law on the other. By this suit the plaintiff no.1 mother and her daughter-plaintiff no.2 have sought partition of flat No.6A, admeasuring about 500 sq.ft. situate on first floor of building Ajanta, Raghubir Co-op. Hsg. Soc. Ltd; 65, Upasra Lane, Andheri (W), Mumbai-58 by metes and bounds and for carving out 2/3rd share of the plaintiffs and handing over the same to them. 2. By the above Notice of Motion taken out in the suit the plaintiffs are seeking an injunction against the defendants from preparing any spices or mixing or preparing any spices or condiments etc. or bringing and storing any paints or undertaking any kind of painting jobs, in the suit flat or any part thereof.. It is the case of the plaintiffs that the defendants are preparing Spices ("Masalas") in the suit flat and are selling the same. It is further alleged that the defendants are also preparing "Diyas" (Lamps) in the suit flat and in order to paint them they are using Turpentine and 2 kerosene and other oil based materials. It is contended that the preparation of "Masalas" and painting of "Diyas" by using turpentine and kerosene etc. is causing grave respiratory problems to plaintiff no.1 who is about 80 years old and is also causing severe eye problems to the plaintiff no.2. It is submitted that the defendants are doing this only to harass the plaintiffs. 3. The defendants are present in Court along with their advocate. The defendants inform the Court that the defendant no.1 has lost 50% of his eye sight, is unable to walk and is therefore severely handicapped. Defendant no.2 is doing a private job. The defendants in order to augment their income are preparing "Masalas" once in a year or once in two years and are painting "Diyas" only for a period of two months prior to the festive season of Diwali. 4. After hearing both the advocates for the plaintiffs and the defendants and the defendants themselves, the following order is passed by consent of the parties :- (a) The defendants shall prepare the Spices ("Masalas") once in two years in the month of May only for home consumption on the Verandah of the suit flat; (b) The defendants shall make/paint the "Diyas" eight weeks prior to the Diwali Festival every year only on Verandah of the said flat without using materials like turpentine, kerosene or any oil based material so as not to create any health problems for the plaintiffs; (c) Parties shall maintain status-quo as regards the suit flat; (d) The Notice of Motion is accordingly disposed of. (S.J.KATHAWALLA, J.)