Deepika S Menon @ Deepika Surjit Walia And ANR v. Rekha S Dewan @Rekha Surjit Walia

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O. O. C. J.

NOTICE OF MOTION NO. 1340 OF 2019 IN SUIT NO. 128 OF 2017 Mrs Deepika S. Menon ...Applicant/Plaintiff vs Mrs Rekha S. Dewan ...Defendant .....

Mr Pradeep Thorat & Ms Aditi Naikare for the Applicant/ Plaintiff No.1 Mr Asif Menon i/b Mr K.S.Mishra for the Defendant .....

CORAM : B. P. COLABAWALLA, J.

SEPTEMBER 26, 2019.

P.C. :

This Notice of Motion has been fled seeking a direction to the Commissioner for taking accounts to submit a report for effecting the partition of the suit fat No.23/34, 5th foor, Building No.23, Ashish Co-operative Housing Society Ltd. Four Bungalows, Varsova, Mumbai 400 053 on the basis of the Valuation Report dated 23rd August, 2018 submitted by M/s H. G. Samant & Associates. The aforesaid report can be found at page 9 of the affdavit in support. This report values the aforesaid property at Rs.1,74,00,000/-. Though the prayer is for effecting partition, considering that it is a residential premises admeasuring approximately 624 sq. feet (carpet area), the partition Pg 1 of 3

by metes and bounds would not be possible. It was, in these circumstances, that the advocates for the applicant/plaintiff No.1 submitted that either the plaintiffs are willing to sell their share (2/3rd share) to the defendant as per the Valuation Report of M/s H. G. Samant & Associates or in the alternative purchase 1/3rd share of the defendant.

The learned advocate appearing on behalf of the defendant, on instructions of the defendant, who is present in the Court, has stated that she is not in a position to purchase the share of the plaintiffs. He, therefore, stated that the defendant is willing to sell her 1/3rd share to the plaintiffs. 1/3rd share of the defendant, as per the valuation, comes to Rs.58 Lacs.

Mr Thorat, the learned advocate appearing on behalf of the plaintiffs has stated that plaintiff No.1 shall be purchasing 1/3rd share of the defendant. The said statement is accepted. In view of the fact that now the defendant has agreed to sell her 1/3rd share in the residential premises to plaintiff No.1, the following order is passed.

(i) Plaintiff No.1 shall pay the amount of Rs.58 Lacs to the defendant on or before 31st December, 2019;

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(ii) The defendant undertakes to this Court that she shall vacate the suit premises and hand over the same to the plaintiffs by 31st December, 2019;

(iii) To effect the transfer of 1/3rd share of the defendant in favour of plaintiff No.1, the defendant shall execute all necessary documents on receiving the payment of Rs.58 Lacs ;

(iv) All expenses, charges and duties with reference to the aforesaid documents shall be borne by plaintiff No.1 ; (v) The Commissioner of Accounts is directed to take all further steps in terms of this order.

The Notice of Motion is disposed of in the aforesaid terms. No order as to costs.

(B. P. COLABAWALLA, J.) Pg 3 of 3