Beena Tolaram Bhagtani And ANR. v. Vishal Tolaram Bhagtani And 4 Others

s448-15.doc sg IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.448 OF 2015 Beena Tolaram Bhagtani & Anr.

...Plaintiffs vs Vishal Tolaram Bhagtani And 4 Ors.

...Defendants .....

Mr. Aditya Bhatt, for the Plaintiffs.

.....

CORAM : S.C. GUPTE, J.

DATED : 02 FEBRUARY, 2018 P.C. :

.

The suit is for partition of the property. The suit property is in the joint name of two brothers Tolaram Bhagtani and Gopal Bhagtani. The parties to the present suit are heirs and legal representatives of the two brothers. Plaintiff Nos. 1 and Plaintiff No.2 are, respectively, the widow and son of Tolaram. Defendant No.1 is also the other son of Tolaram, whilst Defendant Nos. 3, 4 and 5 are the legal heirs of the deceased Gopal. Each of the parties has 1/6th share in the suit property. The Plaintiff, accordingly, claims a declaration, partition and separate possession of the individual share. The writ of summons was duly served on the Defendants. Despite such service, neither appearance nor any written statement filed by the Defendants.

The suit was, accordingly, transferred to the list of undefended suit and eventually posted for ex-parte decree. The Plaintiffs tender documents such as the original documents of title in favour of late Gopal and Tolaram and other connected documents. These documents also include the record of the society, including maintenance bills and electricity bills, etc.

s448-15.doc produced. The Plaintiffs have also produced affidavit of Plaintiff No.1 proving each of these documents. Based on the documents, which are taken on record and marked as Exhibits 'P-1' to 'P-20', the Plaintiffs have made out their case in the suit. There is no contest to either the documents produced by the Plaintiffs or the averments made in the plaint. Accordingly, there will be a preliminary decree in terms of prayer clauses (a) and (b). The suit is now referred to the Commissioner for Taking Accounts for division of the property.

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