CAV JUDGMENT

1. Rule.

2. This petition, under Article 227 of the Constitution of India, is filed by the petitioner against the order dated 06.07.2021 passed by the learned Principal Judge, Family Court, Ahmedabad below application Exh. 16 in Family Suit No. 1097 of 2020. Application Exh. 16 was filed by the petitioner – original defendant No. 2 in Family Suit No. 1097 of 2020 inter alia praying for to issue order / directions that the plaintiff – respondent No. 1 herein, along with minor Kashvi may remove themselves from House No. 43, Nathalal Colony, Nr. Sardar Patel Colony, Post – Navjivan Station Road, Ahmedabad (suit property) and to restrain the plaintiff by injunction from using or occupying the said property as there residence.

3. Facts in nutshell are that the the petitioner is the father-in- law of the respondent No. 1 and the father of the respondent No. 2 herein. The marriage of the respondent No. 1 and the respondent No. 2 was solemnized as back as on 02.03.2017. It is pertinent to note that it was the second marriage of both the respondents after their divorce from the previous marriage. From their previous marriage, the respondent No. 1 was having a daughter namely Kash