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2020 Supreme(Bom) 407

S.C.GUPTE
Ranjana Rajkumar Makharia – Appellant
Versus
Mayadevi Subhkaran Makharia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pravin D. Patel a/w Mr. Hemangi V. Kamdar
For the Respondent: Mr. Vivek Kantawala a/w Mr. Vivek Sharma and Mr. Amey Patil i/b Mr. Mukesh Kumar Mishra, Ms. Jyoti Chavan, Adv

JUDGMENT :

Rule. Rule is taken up for hearing forthwith with consent of Counsel. This writ petition challenges an order passed by Sub-Divisional Officer, Senior Citizen Tribunal, Suburban District of Mumbai, under Section 5(1) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (“Act”).

Short facts of the case may be stated as follows :

2. The Petitioner herein is the daughter-in-law of Respondent No.1 and wife of Respondent No.2. Respondent Nos.3, 4 and 5 are brothers-in-law of the Petitioner. It is her case that all Respondents were residing in a building called “Joy Sapphire”, situated at Vile Parle (West), Mumbai-400 056. The building was said to be owned by the joint family of all Respondents. The Petitioner has been living with her husband, Respondent No.2, in one flat of the suit building. It is submitted that after redevelopment of the suit building, as per a family arrangement between all members of the family, vide Articles of Agreement dated 16 August 2010, Flat No.101 on first floor came to be allotted to Respondent No.5 (brother-in-law), whilst Flat No.201 came to be allotted to Respondent No.4 (another brother-in-law) and Flat No.301 came to be allotted t

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