1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2491 OF 2007 IN SUIT NO.1375 OF 2004 Mohan Dinkar Gaikwad ...Plaintiff Vs. Vatsala B. Gaikwad & Ors. ...Defendants Mr.C. Aggrawal for Plaintiffs Mr.B.E.Saraf for Defendant No.1 None for Defendant No.2 Mr.S.Swadi i/b. M/s. Shiralkar & Co. for Defendant No.3 CORAM: SMT.ROSHAN DALVI, J. DATED: 6TH MAY, 2008 P.C. 1. This is the Defendants' Notice of Motion for expediting the Suit. By consent, the suit is expedited. The lis between the parties is very narrow and limited. The Plaintiff is the brother of the husband of Defendant No.1. Defendant No.1 is his brother's widow. There is one property being flat No.20, Rajgrah Co-op. Hsng. Society Limited, Amboli, Four Bungalows, Andheri(West), Mumbai- 400 053 (the suit property), which both the brothers claim as their exclusive property being purchased by themselves upon paying consideration. The dispute in the Suit is required to be adjudicated essentially upon seeing the payment of 2 consideration for the purchase of the suit flat. The parties, of course, would be entitled to show any other evidence of any overt acts or later acts in support of their claim of ownership. 2. The Plaintiff's Suit is for declaration. The Defendants have filed their written statements as well as the counter claim. The Defendants have counter- claimed for mesne profits and compensation. The Plaintiff denies the claim of the Defendants. The Plaintiff to the suit shall be referred to as the Plaintiff and the Defendant to the Suit shall be referred to as the Defendants. The Plaintiff's Advocate states that the counter- claim is essentially on denial. 3. The Plaintiff shall be entitled to file a reply to the counter- claim if any. 4. Hence, the following issues are framed in the Suit and counter claim jointly:- ISSUES 1. Whether the Plaintiff proves that the Suit property was purchased by the Plaintiff from his separate individual funds upon consideration paid by him in the name of the husband of Defendant No.1 only for the purpose of convenience. 3 2. Whether Defendant No.1 proves that the Suit property is purchased by her husband from his separate funds for the consideration paid by him. 3. What relief, if any, is the Plaintiff entitled to ? 4. What relief, if any, are the Defendants entitled to ? 5. Parties shall take inspection of documents, if required and file their affidavits of examination- in-chief and bring original documents for consideration of their admissibility. 6. S.O to 13 th June 2008. (SMT. ROSHAN DALVI, J.)