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2020 Supreme(SC) 346

DEEPAK GUPTA, ANIRUDDHA BOSE
AISHWARYA ATUL PUSALKAR – Appellant
Versus
MAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
For the Appellant : Appellant-in-person
For the Respondent:Bhargava V. Desai, Anagha S. Desai, Chirag M. Shroff, Sachin Patil, Advocates

JUDGMENT

Aniruddha Bose, J.

The original writ petitioner, who is the appellant in this proceeding seeks to enforce her right to reside in her matrimonial home. The location of the house where she wants to establish her right to reside is comprised in two flats (nos.601 and 602) in a building situated on plot No. 118, Dr. M.B. Raut Road, Shivaji Park, Dadar, in the metropolis of Mumbai. The family of her husband (respondent no. 8) were originally the owners of the said plot, on which stood a residential building known as "Usha". We find from an additional affidavit filed in this proceeding affirmed on 29th August 2019 by the respondent no. 8 that the said building was originally owned by three branches of the "Pusalkar" family in equal proportion. The branch of the respondent no. 8 stemmed from Shivram Dattatryea Pusalkar, carpet area of 1100 sq.ft. comprised of their share. On death of said Shivram Dattatreya Pusalkar, his share devolved in equal proportion to his widow Shobhana Shivram Pusalkar (since deceased), their daughter Gayatri Pratap Puranik and the respondent no. 8. That building upon demolition was redeveloped by a firm of builders, BUILDARCH. Such redevelopment was done a


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