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2012 Supreme(Bom) 797

R.D.DHANUKA
Shashikiran Ashok Parekh – Appellant
Versus
Rajesh Virendra Agrawal – Respondent


Advocate Appeared:
For the Plaintiff:Harihar Bhave Advocate with Ms. Aarti Khadilkar i/b. Bhave & Co., Advocates.
For the Defendants:D1, R.A. Shaikh, Advocate, Ms. Pramila Latkar, representative of the Court Receiver present.

Judgment

1. The Plaintiff has filed this suit for a declaration that the Plaintiff has complete and absolute right, title and interest and is the sole owner of the suit flat bearing Tenement No.11, situated in Madhurima Cooperative Housing Society, D.N. Nagar, Andheri (West), Mumbai. The Plaintiff has also sought a declaration that she is the owner of Flat 303 in the newly constructed building of Defendant No.2 Society. The Plaintiff has taken out this Notice of Motion for injunction and appointment of the Court Receiver. In respect of the suit flat.

2. The Plaintiff is the sister of Defendant No.1. It is the case of the Plaintiff that on 21 October 1974, the Plaintiff was allotted Tenement No.11 in Building No.1 at D.N. Nagar, Andheri by MHADA. The Plaintiff had paid entire consideration of Rs.24,300/to MHADA. The Plaintiff has produced her Bank statement showing the payments made. The Plaintiff got married on 10 March 1980 and shifted to her matrimonial home. It is the case of the Plaintiff that parents of the Plaintiff and Defendant No.1 were staying along with the Plaintiff. Parents of the Plaintiff continued to stay in the said tenement No.11 when the Plaintiff has shifted to































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