1 NMT.5.2011-TP.795.2010.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 05 OF 2011 IN TESTAMENTARY PETITION NO. 795 OF 2010 Prakash Tikamdas Kukreja ...Petitioner Vs. The Secretary, Basant Park Co-op. Hsng. Soc. & Anr. ...Respondents Ms. Bina S. Sivhare, Advocate for the Petitioner Ms. Ujwala D. Sawant i/b. Vijaya Roman, Advocate for the Respondent 2 CORAM : SMT. ROSHAN DALVI, J. DATED : 29TH JUNE, 2011 P.C. : 1. This Notice of Motion is taken out only for the purpose of making an inventory of Flat No. D/3, Building No.7, Basant Park, Chembur, Mumbai-400 071 by a Commissioner appointed by the Court and for selling the said flat again. 2. The order is required during the course of the Testamentary Petition being considered. The order would not prejudice any party. 3. The Notice of Motion has been served upon the Respondents since January 2911. 4. The affidavit in reply of Respondent No.2 shows that he is appointed and he has passed an order under Section 30(i) of the 2 NMT.5.2011-TP.795.2010.sxw Administrators General Act, 1963 and took possession of the property of the deceased. 5. Notice of Motion is made absolute in terms of prayer (a) (i), (ii) and (iii). 6. Prothonotary and Senior Master of this Court shall appoint any officer to visit the suit premises on any Saturday to make the inventory of the articles, furnitures and fixtures in the above flat. He shall obtain the key from the Respondent No.2 and reseal the flat after the inventory is complete. Thereafter he shall return the key to the Respondent No.2. 7. The Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)