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2012 Supreme(Bom) 244

J.H.BHATIA
Kashmira Robert Lobo Nee Kashmira Soli Batiwala – Appellant
Versus
Soli Bahadurji Batiwala – Respondent


Advocates Appeared:
For the Appellant:P.G. Karande, Advocate.
For the Respondents:R1, Anil C. Singh a/w Atul Singh and Ashwin R. Singh i/by D.R. Shah, Advocates.

JUDGMENT:

1. In both the matters, Rule.

2. Rule made returnable forthwith. With consent of the learned counsel for the parties, matters are taken up for final hearing immediately.

3. To state in brief, the suit premises belongs to the Parsee Central Association Cooperative Housing Society Ltd. and the mother of the plaintiff, Soli Bahadurji Batiwala was tenant in the suit premises 730 Hormuzd Building, Ground Floor, J. Vimadalal Street, Parsi Colony, Dadar (East), Mumbai 400 014. She was living in the house alongwith her son and grandchildren. The defendant no.1, who is the appellant before this Court, is the daughter of the plaintiff. Mother of the plaintiff died in 1980 leaving behind the plaintiff as her legal heir. Defendant no. 1 was married in the year 1998 and she went to live with her husband. Defendant no.2, who is the respondent no.2 before this Court, is the husband of the defendant no.1. Plaintiff filed suit for perpetual injunction restraining the defendants from causing any interference in his possession over and from entering upon or continue to stay/occupy the premises. He also took out notice of motion for interim relief of the same nature. The suit and the notice

























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