Smt. Sandhya Shailesh Dahade vs Shri. Padmakar Fakirchand ...
2021 Latest Caselaw 758 Bom

                                                                              20 sa st 95183-20



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 Sneha
                                     CIVIL APPELLATE JURISDICTION
 N.
 Chavan
                                   SECOND APPEAL (ST) NO. 95183 OF 2020
Digitally signed
by Sneha N.                                        WITH
Chavan                           INTERIM APPLICATION (ST) NO. 95185 OF 2020
Date: 2021.01.14
10:52:48 +0530
                   Smt. Sandya Shailesh Dabhade                        .. Appellant
                        V/s.

                   Shri. Padmakar Fakirchand Dabhade       ..Respondent
                                                 ----
                   Mr. S.G. Deshmukh a/w Leena Sawant for the Appellant.

                   Mr. V.N. Biwalkar, for the Respondent.
                                                    ----
                                                    CORAM : C.V. BHADANG, J.

                                                    DATE      : 13th JANUARY, 2021


                   P.C.

1. Heard the learned counsel for the parties.

2. Appeal is admitted on the following substantial questions of

law:

(i) Whether in the facts and circumstances, the

respondent(plaintiff) was required to file a suit for possession.

Incidentally, whether the courts below could have decreed the suit,

which was for mandatory injunction?

(ii) Whether the judgments of the lower courts, can be

sustained, in view of the decision of the Supreme Court, in the case

Sneha Chavan page 1 of 2 20 sa st 95183-20

of Satish Chander Ahuja v/s. Sneha Ahuja 1, thereby over ruling the

decision in the case of S.R. Batra v/s. Tarun Batra 2.

3. The learned counsel for the respondent waives service.

4. The learned counsel for the parties submit that the parties are

closely related. It is pointed out that appellant is daughter-in-law of

the respondent. The respondent is said to be 89 years of age.

5. Considering the nature of the dispute, the learned counsel for

the parties on instructions submit that the dispute may be referred

for mediation.

6. The Member Secretary, District Legal Services Authority,

Thane shall appoint a mediator to mediate in the dispute under

intimation to the parties.

7. Parties to remain present before the Member Secretary,

District Legal Services Authority at Thane on 20.01.2021.

8. By consent of parties, stand over to 10.03.2021 for final

hearing.

C.V. BHADANG, J.

1    (2020) SCC Online SC 841
2    (2007) 3 SCC 169

     Sneha Chavan                                                page 2 of 2