Rudolf Valerian Noronha v. Nathalia Valerian Noronha And 2 Others

nms1278-17.doc sg IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1278 OF 2017 IN SUIT NO.435 OF 2017 Rudolf Valerian Noronha ...Plaintiff vs Nathalia Valerian Noronha And 2 Ors.

...Defendants .....

Ms. Deepa Pohuja, i/b. Sheetal Raghani, for the Applicant. Mr. Sudalai Mani, i/b. Manesh Menon & Co., for the Defendants. ....

CORAM : S.C. GUPTE, J.

DATED : 23 FEBRUARY 2018 P.C. :

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Heard learned Counsel for the parties. This motion is taken out in a partition suit. The parties are brother, sister, step-mother and stepbrother. Admittedly, the Defendants are occupying a flat, which forms part of the estate of the deceased. Learned Counsel for the Defendants has made a statement earlier, and which is recorded in the order dated 18 August 2017, that the Defendants shall maintain status-quo in respect of such of the properties as are in their possession, which are described in Exhibit "L" to the plaint.

2.

Learned Counsel for the Defendants submits that his clients are prepared to submit to this order as an interim order pending hearing and final disposal of the suit. Learned Counsel for the Plaintiff also prays for an order of disclosure of accounts by the Defendants. Learned Counsel Pg 1 of 2

nms1278-17.doc submits that the deceased predecessor of the parties has made an investment in a project. Before the project could be completed, the deceased died. It is submitted that the deceased was residing with the Defendant at the time of his death and that the Defendants are in the know of the outcome of the investment and the status of the project. This particular property forms part of the Schedule of Properties of the deceased, described at Sr. No.4 of Exhibit "L" to the plaint. Learned Counsel for the Defendants states that his clients shall disclose the status of the project and the particulars of the investment and its outcome, if any, by filing an affidavit within a period of three weeks from today. The statement is accepted. The notice of motion is made absolute by continuing the statusquo order passed on 19 July 2017 read with 18 August 2017 pending the hearing and final disposal of the suit and accepting the statement of learned Counsel for the Defendants recorded above.

( S.C. GUPTE, J. ) Pg 2 of 2