1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1288 OF 2007 IN SUIT NO. 956 OF 2007 Dilip K. Rohra ...Plaintiff. V/s. Deepak K. Rohra & Anr. ...Defendants. --- Mr. I.M. Vora, i/b Mr. Bipin Joshi, for the Plaintiff. None for the Defendants. ---- CORAM : S.J. VAZIFDAR, J. DATE : 14TH AUGUST, 2009. P.C. :- 1. This Notice of Motion for interim reliefs is taken out in the suit for partition of a flat admeasruing about 550 sq.ft. The Plaintiff claims to have a 1/3 share in the said flat. Defendant nos.1 and 2 are the Plaintiff’s brother and sister respectively. The flat belonged to their mother who expired on 15.10.2005. 2. If their mother expired intestate each of the parties has a 1/3 share in the said flat. The Defendants though absent appear to have contended that they are entitled to the said flat on the basis of an alleged will dated 05.10.2004 executed by their deceased mother. 3. The Plaintiff’s contention that the will is not valid requires consideration, inter alia, in view of the fact that there is at least one inconsistency therein. Clause (A) of the Will refers to the deceased mother 2 having sold a flat being Flat No.30 in another building. The Plaintiff has produced a copy of the registered agreement for transfer of the said flat dated 11.02.2005. The Will as stated above was executed on 05.10.2004. It could not therefore have referred the sale which was subsequent thereto. In the circumstances, the Notice of Motion is made absolute in terms of prayer (b) except the words bracketed in red viz.”dealing with”. 3