1 NMS2047.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION kj NOTICE OF MOTION NO.2047 OF 2009 IN SUIT NO.1398 OF 2009 Mrs.Padma D. Rachwani & Ors. ..Plaintiffs Vs Mrs.Rukmini N.Goklani & Ors. ..Defendants ---- Raphael D’souza for the plaintiff. ---- Coram : S.C.DHARMADHIKARI,J Date : 19TH OCTOBER, 2010. PC 1 The plaintiffs are daughters of late Mrs.Thakuribai V. Goklani (deceased). The 1st defendant is the sister-in-law being the widow of their deceased brother Narayandas. Narayandas is the only brother of the plaintiff. Defendant nos.2 to 6 are the children from the marriage of Narayandas with defendant no.1. 2 NMS2047.09.sxw 2 The estate of the mother is sought to be protected and it is stated that it is valuable because the property is situated at Bandra in Mumbai admeasuring 344 square meters together with structures. Some of the structures were occupied by tenant. 2nd floor of the structure is used by the defendants and presently by defendant no.6. Ground floor structure is vacant after the death of the deceased but none of the details are forth coming including payment of rent. Each of the plaintiff claimed 1/4th share in the property of the deceased mother. There is no affidavit in reply filed controverting any of the statement in the plaint and the affidavit in support of the Notice of Motion. Considering the apprehension that the property will be disposed of rendering the suit infructuous, when none of the defendants have filed any reply, nor defendant nos.1 & 4 are present though they have engaged an Advocate, interest of justice would be served, if it is directed that the defendants shall not create any 3rd party rights or transfer the suit property more particularly described at Exhibit-A to the plaint or any part thereof. They shall also not transfer any tenancy in respect of the structures on the suit property or any portion 3 NMS2047.09.sxw thereof. This order will continue till the hearing and final disposal of the suit. Notice of Motion is made absolute accordingly. (S.C.DHARMADHIKARI,J)