Advocates:
['SHRI R T LALWANI', 'B P JAKHADE V P FILED FCA', '', 'SHRI A V CHATUPHALE']

1

ndm

20 cam.200.09

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION NO. 200 OF 2009

IN

FAMILY COURT APPEAL NO. 149 OF 2009

Tejus Kanubhai Maun.

... APPLICANT

Vs.

Kanta Tejus Maun.

... RESPONDENT

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Mr. R.T. Lalwani for the Applicant.

Mr. A.V. Chatuphale for the Respondent.

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CORAM :

A.M. KHANWILKAR, J.

A.A. SAYED, JJ.

DATE : 07

th July, 2010.

P.C.

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Heard the learned counsel for the parties.

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By this application, the husband has prayed for injunction

against the wife restraining her from entering upon and/or occupying the

suit premises namely, A-403, Padmavati, 3

rd Cross lane, Swami Samarth

Nagar, Andheri (W) Mumbai – 58. It is noticed that same relief was

claimed as interim relief as well as final relief in the petition filed before

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the Family Court. While dealing with the said aspect, the Family Court

negatived the claim of the husband on the following consideration. The

relevant portion of the order passed by the Family Court dated 30

th

September, 2005 rejecting prayer for interim relief during the pendency of

the main petition reads thus:

“10.

So far as the direction to the Respondent to