LAWS(BOM)-2011-3-127

RAMILA KILACHAND Vs. HARSH RAJNIKANTH KILACHAND

Decided On March 15, 2011
RAMILA KILACHAND Appellant
V/S
HARSH RAJNIKANTH KILACHAND Respondents

JUDGEMENT

(1.) The suit of the Plaintiff is inter alia for partition of several properties listed in Exhibits A, B, D, F and K to the Plaint and for various other reliefs in respect of various properties of the joint family of the parties as also the properties alleged to be belonging to such joint family.

(2.) This Notice of Motion is for partition of one of the suit properties listed in Exhibit-A to the Plaint and for certain movables therein. The immovable property is a dwelling house of the parties called Kilachand bungalow at Nepeansea Road, Mumbai, upon CTS Nos. 234, 236. 341, 342, 343 and 344 of Malabar Hill Division, Mumbai.

(3.) This Notice of Motion is taken out by Defendant No. 33. Defendant No. 33 is one of the members of the HUF, initially formed by one Kilachand Devchand, who left behind four sons. The relationships of the four sons with Kilachand as their predecessor-in-title as also their successors-in-title are admitted. Joint family of the parties, therefore, admittedly consists of four separate branches. These are the branches of the four sons of Kilachand Tulsidas, Ambalal, Ramdas and Chinubhai.