On notice of motion, the court, by consent, ordered the defendants to surrender certain deposits, furnish tenant lists, and maintain a savings account for the deceased estate pending final research on property shares.
Defendants to surrender deposits, furnish tenant list within one week, and maintain estate savings account.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
T & I. J.
NOTICE OF MOTION NO.3 OF 2005
IN
SUIT NO.55 OF 2005
IN
PETITION NO.741 OF 2004
Bharati Jitendra Parekh & Anr. .. Petitioners/
Plaintiffs
Vs.
Damodardas Bhaidas Bhuta & Ors. .. Caveators/
Defendants
Mr.K.J.Hakani for the petitioners
Mr.N.A.Shah with Mr.D.R.Shah for the caveators
CORAM : S.U.KAMDAR, J
DATED : 12TH AUGUST, 2005
P.C.:
1. By consent of the parties, the following
order is passed:
2. Mr.Shah, the learned counsel for the
defendants states that as far as item no.1, 2 and 3
of schedule no.I are concerned, they are not lying
with them. However, he states that there is a
fixed deposit receipt of HDFC Bank for sum of
Rs.2.0 Lacs. He undertakes to renew the same from
time to time till further orders. The interest
accrued thereon also will be redeposited at the
time of renewal of the said deposit. In so far as
item no.6 is concerned, Mr.Shah the learned counsel
for the defendants states that the deceased did not
have any 1/4th share in the said immovable property
situated at Bhandup, Mumbai. However, petitioners
are at liberty to ascertain and find out and if
there is any such share of the deceased he will be
at liberty to take out fresh application as and
when necessary.
3. In so far as item no.4 and 5 are concerned,
the learned counsel for the defendants states that
defendants shall not alienate, encumber or create
any third party rights in respect of the aforesaid
two properties. He also undertakes to this court
that apart from the aforesaid, he will also not
transfer any tenancy and furnish the list of
tenants to the petitioners within one week from
today. However, the defendants will be entitled to
institute any legal proceedings against the tenants
if occasion so arises. But if the decree is passed
then the same will not be execute without leave of
this court. The defendants also undertakes that he
will open separate savings account within 15 days
from today and furnish details thereof to the
petitioners. Defendants will be entitled to
recover all rent and income from the estate of the
deceased and shall deposit the same only in the
said savings account. Defendants will be entitled
to disburse the expenses from the said account
towards the statutory charges such as electricity
bill, water bill etc. and maintain the accounts.
He will furnish the yearly account to the
petitioners within 30 days from the end of
financial year which will commence from 31.3.06.
For any other expenses, liberty is granted to the
respondents to make an application. Amount lying
in Sangli Bank according to the defendants is sum
of Rs.96,000/- will be made by depositing
additional Rs.4000/- and the same will be invested
= with fixed deposit of HDFC Bank. The same
shall
abide by the same order as in respect of sum of
Rs.2.0 lacs. Mr.Shah further states that save and
except the said properties, no other property
belongs to the deceased. Motion disposed of
accordingly. No order as to costs.
1 issue framed by the court
Whether the defendants can be permitted to retain specified assets and tenancy details of the deceased estate.
1 provisions across 1 enactments
Bharati Jitendra Parekh
Anr
Damodardas Bhaidas Bhuta
S.U.KAMBDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court