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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

NOTICE OF MOTION NO.3388 OF 2008

IN

TRUST PETITION NO.6 OF 2008

SANJAY KILACHAND

..PETITIONER

VS.

MR. SURESH TULSIDAS KILACHAND

..RESPONDENT

Mr. Simil Purohit with Lata Bachani i/b I.R.JOSHI & Co.

for Petitioner

Mr.E.P.Bharucha with Ms. Soma Mitra i/b Desai & Desai for

the Respondent

CORAM: SMT ROSHAN DALVI, J.

DATED: 13^th February, 2009

P.C.:

1.This Trust Petition is filed in respect of the property settled

upon trust under the Will of Tulsidas Kilachand, the father

of the parties. Under clause 14(b) of the said Will the

Respondent has been given a life interest in the net income

of the trust property. The trust property is the residential

house of the settlor.

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2.The wife and children of the Respondent are given a corpus

of the said trust property.

3.Consequently during the life time of the Respondent, the

Respondent is entitled to receive any income, if any, that is

derived from the trust property. There is no income derived

from the trust property.

4.The Respondent has sought to create rights in favour of a

third party under the Memorandum of Understanding (MOU)

dated 31.07.2008. He