In redevelopment of disputed flats pending title suits, permanent occupants as society members may execute agreements and receive transit rent for hardship; deposit corpus in court; reserve bedroom in temporary accommodation for other possessors.

ORDER :

FARHAN P. DUBASH, J.

1. The present two Interim Applications:

1.1 By this common order, this Court proposes to dispose of the present two Interim Applications. The first Interim Application has been taken out by Defendant nos. 1 and 8 (hereinafter referred to as “the said Defendants”), whereas the second Interim Application has been taken out by Plaintiff No. 1A (hereinafter referred to as “the said Plaintiff”).

1.2 The subject matter of both the Interim Applications pertains to Flat No. 301, situated in a building known as “Mount Pleasant”, of Palmera Co-operative Housing Society Ltd. (hereinafter referred to as “the said Society”), located at 16, Narayan Dabholkar Marg, Mumbai – 400006 (hereinafter referred to as “the said Flat”). It is an admitted position between the parties that the said Flat originally stood in the joint names of late Shantilal Dalal (hereinafter referred to as “late Shantilal”) and his wife, late Sitaben Dalal (hereinafter referred to as “late Sitaben”). Late Shantilal and late Sitaben were the parents of the original Plaintiff and Defendant no. 1. The original Plaintiff has since deceased, and the present Plaintiff nos. 1A to 1D, being his widow and three children respectively, have been brought on record in his place. Defendant no. 8 is the wife of Defendant no. 1. Defendant nos. 2 to 7 are the six sisters of the original Plaintiff and Defendant no. 1. Thus, the original Plaintiff, Defendant no. 1, and Defendant nos. 2 to 7 constitute the eight children of late Shantilal and late Sitaben.

1.3 Late Shantilal passed away on 11^th March 1979, while late Sitaben passed away on 23^rd August 1999. The Plaintiffs contend that both late Shantilal and late Sitaben died intestate. The said Defendants, however, contend that late Shantilal died leaving behind his Last Will and Testament dated 1^st March 1979, and that late Sitaben died leaving behind her Last Will and Testament dated 22^nd August 1992. Under the said Will of late Shantilal, the said Flat is stated to have been bequeathed jointly in favour of late Sitaben and Defendant no. 1. Under the said Will of late Sitaben, she is stated to have bequeathed the said Flat equally in favour of the said Defendants. On the basis of the said two Wills, the said Defendants claim exclusive right, title and interest in respect of the said Flat. Accordingly, they have instituted Testamentary Petition No. 271 of 2017 and Testamentary Petition No. 653 of 2001, seeking probate of the respective Wills. Pursuant to caveats filed by the original Plaintiff in both the said Testamentary Petitions, the same have been converted into Testamentary Suit No. 22 of 2018 and Testamentary Suit No. 44 of 2005 respectively.

1.4 On the other hand, the Plaintiffs, asserting that both late Shantilal and late Sitaben died intestate, have instituted Suit No. 2956 of 2000, seeking administration of the estate of late Shantilal and late Sitaben on that basis. In the said Suit, at the ad-interim/interim stage, in Notice of Motion No. 2156 of 2000, certain orders came to be passed by this Court, inter alia restraining Defendant no. 1 from in any manner transferring, selling, disposing of, encumbering, alienating, parting with possession of, and/or otherwise dealing with any of the properties forming part of the estate of late Shantilal and late Sitaben, which include the said Flat.

1.5 It is stated that the building in which the said Flat is situated is presently in the process of redevelopment. In view of this subsequent development, t