: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 NOTICE NOTICE NOTICE OF MOTION NO. 2607 OF 2006 OF MOTION NO. 2607 OF 2006 OF MOTION NO. 2607 OF 2006 IN IN IN SUIT SUIT SUIT NO. 1439 OF 1997 NO. 1439 OF 1997 NO. 1439 OF 1997 Smt. Appy wd/o. Raju Shetty & Anr. ... Plaintiffs. V/s. Shri Ashok Raju Shetty & Ors. ... Defendants. Ms. M.B. Sadh with A. Purohit i/b. Zohair & Co. for the Plaintiffs. Mr. D.H. Mehta with Mrs. S. Madhyan for Defendants 1 to 3. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 20TH 20TH 20TH OCTOBER 2008. OCTOBER 2008. OCTOBER 2008. P.C. P.C. P.C. : : : . Heard Ms. Sadh, appearing for the Plaintiffs and Mr. Mehta, appearing for Defendant Nos. 1,2 and 3. 2. There are several reliefs claimed but from the reading of the prayers in the Motion it appears that the Plaintiffs desire that this Court should direct that sum of Rs.15,000/- each from the amounts which have been deposited with the Court Receiver be paid over to the Plaintiffs. 3. Plaintiff No.1 is the mother and Plaintiff No.2 is the married daughter of Plaintiff No.1. Plaintiff No.2 is presently residing with Plaintiff No.1. Defendant No.1 is the son of Plaintiff No.1 and the brother of Plaintiff No.2. :2: 4. These are family disputes but essentially the disputes is about Restaurant and Travel and Communications business. Presently, the business is being conducted by Defendant Nos. 2 and 3 as Agents of the Court Receiver. 5. After the matter was argued for some time, a suggestion was given to Defendant Nos. 2 and 3 that Plaintiff No.1 is their mother and they have an obligation to look after her in her old age. There may be dispute interse. Plaintiff No.2 is residing with Plaintiff No.1 However, the sons have not provided to her anything till date although the properties are secured by this Court. 6. The suggestion that the mother should receives some amount from Defendant Nos. 2 and 3 was accepted and accordingly, it is directed that Plaintiff No.1 should be paid a sum of Rs.10,000/- per month with effect from 1st October 2008 till the hearing and final disposal of the Suit, by Defendant Nos. 2 and 3. The amount should be deposited with the Court Receiver. The Court Receiver to open a Savings Bank Account jointly in his name of and that of Plaintiff No.1, the Receiver to deposit the said sum in the said Savings Bank Account. Every subsequent deposit to be made on or before the First of ensuing month and till the Suit is heard and disposed of. In case, Plaintiff No.1 desires to utilize any sums from the said account, she should approach the Court Receiver and the :3: Court Receiver will seek necessary directions on her behalf from the Court. Needless to state that this order is without prejudice to the rights and contentions of both sides and merely because it is observed that the married daughter who is Plaintiff No.2 is residing with Plaintiff No.1 - mother, does not mean that this Court has concluded the issue of right, title and interest of the parties in the properties and all proceedings to go on and be concluded on merit and in accordance with law without being influenced by any observations at this stage. 7. Notice of Motion disposed off in the above terms. No costs. Liberty to apply. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)