SHIVANI S ROY Vs. HARI PADA ROY

JUDGEMENT

(1.) THIS suit has been filed for a declaration to the effect that the plaintiffs are the owners of half undivided share of the suit premises being Flat Nos. 31 and 32, Belle View, 85 Bhulabhai Desai Road, Bombay-400 026, more particularly described in Schedule at Exhibit-A to the plaint and delineated in the sketch at Exhibit-B, and for partition of the same by metes and bounds and the plaintiffs be put in possession of half portion thereon. In the alternative, it is prayed that in the event the Court holds that the suit premises are incapable of being partitioned by metes and bounds the same be sold by and under the directions of this Court and the plaintiffs be paid their half share out of the sale proceeds.

(2.) THIS Notice of Motion has been taken out with a prayer that pending the hearing and final disposal of the suit, Court Receiver, Bombay be appointed as Receiver of the suit premises with all powers under Order 40, Rule 1 of the C. P. C. including power to partition the suit premises and put the plaintiffs in possession of half portion of the suit premises on such terms and conditions as this Honble Court may deem fit and proper. It is also prayed that the defendant Nos. 1 to 6 be restrained by an order and injunction from dealing with, disposing of, alienating or parting with possession of the suit premises. Voluminous pleadings have been filed by both the parties. Affidavit in support of the Notice of Motion has been filed, followed by affidavit in reply, rejoinder, sur-rejoinder and sur-sur-rejoinder.

(3.) PLAINTIFF No. 1 is the widow of one Shiva Pada Roy, hereinafter called "the deceased" who passed away on 20th November, 1983. Plaintiff Nos. 2 and 3 are the sons of the deceased whereas defendant No. 7 is the married daughter of the deceased. The deceased died intestate. The plaintiffs and defendant No. 7 are the only heirs and legal representatives of the deceased. The first defendant is the elder brother of the deceased. Defendant No. 2 is the wife of defendant No. 1. Defendant No. 3 is the son of defendant Nos. 1 and 2. Defendant No. 4 is the wife of defendant No. 3. Defendant No. 5 is the daughter of defendant Nos. 1 and 2. Defendant No. 6 is the husband of defendant No. 5.