NMS1204-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1204 OF 2009 IN SUIT NO.745 OF 2009 Shivgouda Bhimagouda Patil & Ors. .. Plaintiffs Versus Vijay Bhimagouda Patil & Ors. .. Defendants Mr.G.S.Bhatt for plaintiffs Mr.P.A.Sarwankar for defendant Nos. 3 to 5 Mr.L.H.Patil for defendant Nos.1 and 2 CORAM : S.C.DHARMADHIKARI, J. DATE : 6th October 2010. P.C.: 1] Plaintiffs have filed this suit for a declaration of their share to the extent of 25% in the suit property more particularly described at Annexure H to the plaint. There is ad-interim order made on 9th April 2009. The contesting defendant is only defendant No.1. 2] Mr.Patil appearing for defendant No.1 stated that defendant No. 1 has no desire to dispose of or transfer the suit flat as he is residing NMS1204-09 2 there with his family. In such circumstances, the notice of motion is made absolute in terms of ad-interim order dated 9th April 2009. 3] Considering that parties to the suit are senior citizens and it is only the defendant No.1 who is contesting the suit and has filed written statement, list the suit for framing issues on 25th October 2010. (S.C.DHARMADHIKARI, J)