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2025 Supreme(Online)(Bom) 6731

HIGH COURT OF BOMBAY
HON'BLE SMT. JUSTICE URMILA SACHIN JOSHI- PHALKE
ASHISH S/O CHANDRAKANT CHOUHAN – Appellant
Versus
MOHINI WD/O MUKESH CHOUHAN AND ANOHTER – Respondent


JUDGMENT

1. By this revision, the applicant has challenged judgment and order dated 17.8.2022 passed by learned Additional Sessions Judge-12, Nagpur in Criminal Appeal No.162/2017 whereby allowed the non-applicants to reside in shared-household (ground floor of suit property) as described in the application with costs of Rs.20,000/- to be paid to the applicant.

2. Brief facts necessary for disposal of the revision, are as under:

The non-applicant No.1 is legally wedded wife of Mukesh Chauhan, who is brother of the applicant and applicant No.2 is son of non-applicant No.1 and Mukesh. On 23.5.2008, Mukesh died and since then the non- applicants are trying to pursue request for permitting them to reside in the house at plot No.465. However, as per the allegations, the applicant has not allowed them to stay in the house. The mother-in-law of non-applicant No.1 and the mother of the applicant executed Will on 29.9.2004 and bequeathed the ground floor to the applicant and first floor to deceased Mukesh. The mother of the applicant also died on 5.2.2007. As per the contention of the non-applicant No.1, after married, she resumed co-habitation in the said house and resided with her husband an

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