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2013 Supreme(Bom) 578

NARESH H.PATIL, A.R.JOSHI
Shivanand Damodar Shanbhag – Appellant
Versus
Sujata Shivanand Shanbhag – Respondent


Advocates appeared:
For the Appellant:Swanand Ganoo, Miss. Nita Solanki, Rajan Yadav i/b M/s. Kiran Jain & Co., Advocates.
For the Respondent:M.R. Deshpande, Advocate.

Judgment

A.R. Joshi, J.

1. Both the appeals are preferred by the appellant-husband challenging the judgment and order passed on 30.12.2004 by the learned Judge of Family Court No.4, Mumbai at Bandra. The said impugned judgment and order was passed as a common judgment disposing off two petitions filed by the present respondent-wife. Hereinafter for the sake of clarity, present appellant is referred to as husband and present respondent is referred to as wife.

2. Respondent-wife had preferred Petition No.B63/ 2001 asking for declaration that she is entitled to possessory right over her matrimonial home situated at Flat No.15, 5th floor, Sawant Bhavan, 18/A, 76, Gokuldas Pasta Road, Dadar (E), Mumbai – 400 014. She also prayed for permanent injunction restraining appellant-husband from obstructing and/or preventing her entry in the said matrimonial home / flat and also prayed for permanent injunction restraining her forcible dispossession from the said flat. Respondent-wife also filed another Petition No.C224/ 2002 asking for maintenance to herself under Section 18 of the Hindu Adoption and Maintenance Act. 1956. Both the said Petitions were respectively filed on 22.10.2001 and 17.9.200
































































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