SUDHA AZIZ JHAVERI Vs. BHARAT AMARCHAND DOSHI

JUDGEMENT

(1.) Heard Mr. Kadam learned Senior Advocate for Plaintiffs; Mr. Cama, learned Advocate for Defendant No. 1 and Mr. Kachwala, learned Advocate for Defendant Nos. 2 and 3.

(2.) The present Notice of Motion is filed in 2015 for the following reliefs:-

(3.) Parties shall be addressed to as Plaintiffs and Defendants for convenience. Plaintiffs and Defendant Nos. 1 to 4 are children of late Mr. Amarchand Sunderji Doshi who passed away on 15/8/1984 and late Mrs. Chandangauri Amarchand Doshi who passed away on 7/10/2012. Plaintiffs have filed the present Suit, inter alia, seeking partition of the suit property being land hereditaments and premises lying and being situate at Bail Bazar Road, i.e. Kurla Andheri Road and now known as Kale Marg, Kurla, Mumbai - 400 070 as in Greater Bombay in registration District of Mumbai city and suburban bearing CTS No. 117 forming part of land of a larger plot admeasuring area of 3169.17 sq. mtrs. or thereabouts along with the structure consisting of ground floor having an area admeasuring 2,234 sq. mtrs. Recorded in the Municipal Assessment No. L-3113(1B) 33 C.2202.00 sq.mtrs. ("Suit property") in four equal shares as gifted by Chandangauri under Gift Deed dtd. 31/3/2001 in favour of Plaintiffs and Defendant No. 4 and put the Plaintiffs in possession of their share each.