Sudhir Vithal Shirke And 4 ORS v. Rajani Vithal Shirke

nms 1255 OF 2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 1255 OF 2017 IN SUIT No. 358 OF 2017 Sudhir Vithal Shirke and Ors.

....Applicants/ Plaintiffs Vs.

Rajani Vithal Shirke ....Respondent/ Defendant ****** Mr. Pankaj Thatte for Applicants/ Original Plaintiffs ****** CORAM : M.S. SANKLECHA, J.

FRIDAY , 1ST SEPTEMBER, 2017 P.C.

1.

None appears for the Respondent. On the last date i.e. 11th August, 2017 also none appeared for the Respondent inspite of notice. 2.

The Applicants have filed this suit for partition of the Estate of their father the Late Mr. Vithal Shirke. The Respondent is their step mother and in possession of the suit property being Flat No. B-701, Dinanath Cooperative Housing Society, Sahyognagar, Four Bungalow, Andheri (West), Mumbai.

V.A. Tikam 1/2

nms 1255 OF 2017.doc 3.

This motion has been taken out to protect the interest of the Plaintiffs in the suit flat i.e. Flat No. B-701, Dinanath Co-operative Housing Society Ltd., Four Bunglows, Andheri (West), Mumbai, pending the disposal of the suit. The Plaintiffs claim 4/5 shares in the estate of their father the Late Mr. Vithal Shirke while the Defendant No.1 being their step mother is entitled to claim 1/5 share in the estate.

4.

On 11th August, 2017, an ad-interim order was passed by this Court restraining the Defendants from creating any third party interest in respect of the suit property till final disposal of the suit. Accordingly, the adinterim relief granted on 11th August, 2017 is now confirmed as an interim relief pending the final disposal of the suit. 5.

Notice of motion is disposed of in the aforesaid terms. Liberty to apply.

[M. S. SANKLECHA, J.] V.A. Tikam 2/2