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2013 Supreme(Bom) 1684

R.D.DHANUKA
Gopal Bhagwandas Ahuja – Appellant
Versus
Jagdish Bhagwandas Ahuja – Respondent


Advocates Appeared:
For the Plaintiff:Shailesh Shah, Sr. Advocate, a/w. S.U. Kamdar, Sr. Advocate, Ms. Mamta Sudh, S.K. Srivastava, Ms. Manorama Mohanty, Gunjan Shah i/b. S.K. Srivastav & Co., Advocates. For the Defendants:D1, Aspi Chinoy, D.D. Madon, Sr. Advocates, Zal Andhyarujina, R.V. Gandhi, B.S. Damodar, Mahek Karanbar, B.P. Pathak i/by M/s. Kanga & Co., D2, D4, D5, D7, D9, D10 & D11, Girish Godbole, Vishal Kanade with Sandip Dhangar i/by Jayesh, R. Vyas, D6, Kalpesh Nansi, D8, Bharat Vaishnawa, D3,
P.K. Dhakephalkar, Sr. Advocate with Vijay Nair, i/b. Ravi Talreja, D12, Kedar Desai i/by Desai Desai Carrimjee & Mulla, D13 & D14, Ms. Kaushika Muthukumar along with Ms. Reema Barve i/by R.G.M. Law Associates, D15, Virag Tulzapurkar, Sr. Advocate, D17 to D19, Chirag Balsara, With Fatima Diamondwala, Ashraf Diamondwala, Hamza Tatli i/by M/s. Diamondwala & Co., Advocates, D16, Janak Dwarkadas, Devitji, Sr. Advocates.

JUDGMENT:

Plaintiff who has filed suit for declaration that the plaintiff is entitled to 1/10th share of the assets and properties set out in the plaint, and for partition of the said properties by metes and bounds on the ground that all such properties were properties of the joint family, has prayed in this notice of motion for appointment of the Court Receiver in respect of the properties described in Exh. B and injunction in respect thereof. Some of the facts which emerge from the pleadings and documents filed by both the parties and which are relevant for the purpose of deciding this notice of motion are as under:

2. CASE OF THE PLAINTIFF:

(a) Plaintiff and defendant nos.1 to 8 are children of one Mr. Bhagwandas Ahuja who expired on 14th April, 1996 (hereinafter referred to as the “said deceased”). Defendant Nos. 1 to 4 are the brothers of the plaintiff. Defendant nos. 5 to 8 are sisters of the plaintiff. Defendant no. 9 to 11 are the children of the deceased sister of the plaintiff and defendant nos.1 to 4 and defendant nos. 12, 13 and 14 are the son, daughter in law and daughter of defendant no.1 respectively. Defendant nos. 15 to 19 are the companies in which plaintiff and/


























































































































































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