:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION MISC. MISC. MISC. PETITION NO. 15 OF 2008 PETITION NO. 15 OF 2008 PETITION NO. 15 OF 2008 Pradeep Pushsen Saitawadekar. ... Petitioner. And Priyanka Pradeep Saitawadekar. ... Respondent. Mr. S.A. Ghaisas for the Petitioner. None for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 04TH 04TH 04TH FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . The Petitioner has a son and a daughter. The son is minor and the daughter is major. 2. The wife of the Petitioner has died. During her lifetime, the Petitioner had purchased an immovable property namely, a Flat in the Co-operative Housing Society. However, the Petitioner desires to mortgage this Flat for raising a loan. The loan is to be raised because the Petitioner is a developer and is constructing a building at Borivali. The major daughter of the Petitioner has given her no objection to the execution of the mortgage. The minor son on whose name the Petition is filed is in the care and custody of the Petitioner after the death of the mother. The Petitioner does not dispute that the son and the daughter have a right in the immovable property. He also does not dispute that for their education and welfare, he has to make arrangement which have been made independently as stated in para 8 of :2: the Petition. Without disturbing their rights in the existing Arrangement for their education and welfare, he desires to raise the loan on the basis of the residential premises. The Petitioner has stated that he alone will be responsible for repayment of the loan of the Bank. He will redeem the mortgage without in any manner disturbing the right, title and interest of the minor and the daughter in the subject immovable property. He will also not utilize any of the sums from the policies and other investments which are more particularly mentioned in para 8 of this Petition for repayment of the loan. He has stated that he will ensure that in no way the rights of the minor so also that of his daughter in the property are adversely affected on the ground that it is equitably mortgaged to the Co-operative Bank. Preserving and protecting their share so also the property, leave is sought to create the mortgage. 3. In the light of the consent affidavit of the daughter and further considering that the interest and welfare of the minor is not prejudicially affected, the leave as prayed is granted. The Petition is made absolute in terms of prayer Clause (a) on the conditions as imposed above. All statements of the Petitioner are accepted. They shall constitute an undertaking to the Court, subject to that, the leave is granted. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)