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2016 Supreme(Bom) 1215

SHALINI PHANSALKAR JOSHI
Sarika Mahendra Sureka – Appellant
Versus
Mahendra s/o Rajkumar Sureka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Jai Kanade, I/by Sumit S. Kothari
For the Respondents: Mr. Hemant Mehta, i/by Mehta & Co., Mr. Ajit Kocharekar

JUDGMENT :

1. This appeal takes an exception to the order dated 19.07.2014, passed by City Civil Court, Dindoshi, Mumbai, in Notice of Motion No.1959 of 2011, filed in S.C. Suit No. 1560 of 2011. The said Notice of Motion was preferred by respondent No.2, seeking relief of interim injunction restraining appellant and respondent No.1 herein from entering upon and remaining in the suit premises, situate at A/5, Model Town Co-op Hsg. Soc. Gulmohar Cross Road No.7, J.V.P.D. Scheme, Mumbai and/or not to disturb her peaceful use and occupation of the suit premises in any manner whatsoever.

2. Brief facts of the appeal can be stated as under:- The appellant is the daughter-in-law of respondent No.2 and wife of respondent No.1. The marriage of appellant with respondent No.1 took place on 22.5.1991 and since then appellant is continuously residing alongwith respondent Nos. 1 and 2, with other family members, in the suit flat being her matrimonial home. The appellant is also having one major son, born within the wedlock, who is 21 years of age and his name is Abhishek.

3. It is the case of appellant that her father-in-law Rajkumar Sureka was having joint ancestral property at 96/A, Darya Mahal,



















































































































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