KAMLESH JAYSUKHLAL BHUTA Vs. VASANTBEN RAMNIKHLAL BHUTA

JUDGEMENT

(1.) The Applicants/Plaintiffs have preferred this application seeking sale of part of the suit property described as 'Larger Andheri Property' and the distribution of the sale proceeds between the Plaintiffs and Defendants, permission to independently develop the larger Andheri property and also direct the sale of such part of CTS Nos.397, 397/A and CTS No.397/1 to 284 (part of the suit properties) owned by M/s. R.J. Constructions, on such terms as this Court may deem fit.

(2.) At the outset, it may be necessary to note the nature and subject matter of the instant suit and Suit No.389 of 2010, instituted by the Defendants.

(3.) Jaysukhlal Bhuta - original Plaintiffs No.1, and Ramnikhlal, husband of Defendant No.1 and the predecessor in title of Defendant Nos.2 to 5, jointly, owned around 83 properties described in Exhibit B to the Plaint. Kamlesh Bhuta - Applicant No.1 is the son of Jaysukhlal and Bhanumati Bhuta - applicant No.2, is the wife of Jaysukhlal Bhuta. Defendant Nos.2 to 5 are the descendants of Ramnikhlal.