Mrs. Vandana Anand Bhalero vs Shri. Tushar Dattatray Patil And ...
2023 Latest Caselaw 1308 Bom

                                                                                       16-sa-225-2019.doc
            Pallavi


           Digitally signed
           by PALLAVI
           MAHENDRA
                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2023.02.08
           11:22:06
           +0530



                                                   SECOND APPEAL NO.225 OF 2019
                                                                WITH
                                                  CIVIL APPLICATION NO.193 OF 2019
                                                                WITH
                                                INTERIM APPLICATION NO.2281 OF 2019
                                                                 IN
                                                   SECOND APPEAL NO.225 OF 2019


                              Mrs. Vandana Anand Bhalerao                        ...Appellant/Applicant
                                    Versus
                              Shri. Tushar Dattatray Patil and Ors.              ...Respondents


                              Mr. Ramesh D. Kamble, for the Appellant/Applicant.

                              Mr. B.G. Tangsali, for the Respondent Nos.1 and 2.

                                                              CORAM : MADHAV J. JAMDAR, J.

DATE : 7th FEBRUARY 2023

P.C. :

1. Mr. Tangsali, learned counsel appearing for the Respondent

Nos.1 and 2 tenders affidavit-in-reply dated 7 th September 2022. The

same is taken on record.

2. Second Appeal has been filed by the original Defendant No.2.

The learned Trial Court by Judgment and Decree dated 30 th June

2014 passed by the learned 6th Jt. Civil Judge, Senior Division, Nashik

16-sa-225-2019.doc Pallavi

in Special Civil Suit No.512 of 2012 directed that the Plaintiffs shall

pay Rs.5,00,000/- (Rupees Five Lakhs Only) to the Defendant No.1

within two months and thereafter, Defendant No.1 shall hand over

possession of the suit premises to the Plaintiffs and further directed

the Defendants not to create third party interest with respect to the

suit premises.

3. The said decree of the learned Trial Court was challenged

before the learned First Appellate Court by Defendant No.2 and the

said Appeal was dismissed by Judgment and Decree dated 15 th

December 2018 passed by the learned District Judge - 10, Nashik in

Civil Appeal No.158 of 2014.

4. As already set out hereinabove, the present Appeal has been

filed by Defendant No.2. It is the contention of the Defendant No.2

that the premises in question is shared household of the Appellant i.e.

the Defendant No.2 under the provisions of the Domestic Violence

Act, 2005.

5. Mr. Kamble states that during the pendency of this Second

Appeal, there is subsequent development. Respondent No.3 - Anand

Tanaji Bhalerao i.e. the original Defendant No.1 has purchased the

flat bearing Flat No.C/403, Shree Tirumala Omkar Apartment, 'C'

16-sa-225-2019.doc Pallavi

wing situate at Mouje Anandvalli, Nashik in the joint name of

Respondent No.3 and Appellant i.e. Vandana A. Bhalerao. Mr. Kamble

states that possession of said flat is expected to be handed over to the

Appellant in the last week of March 2023 and once the Appellant

receives possession of the said flat, he will hand over the possession

of the suit premises to the Respondent Nos.1 and 2 i.e. the original

Plaintiffs.

6. It is specifically recorded that none appears for the Respondent

No.3 and Respondent No.3 has not challenged the Judgment and

Decree passed by the learned Trial Court and therefore, he has

accepted the said Judgment and Decree of the learned Trial Court.

7. For the above reasons, stand over to 29th March 2023 for

withdrawal of Second Appeal and/or for filing consent terms. Ad-

interim relief to continue till next date.

[MADHAV J. JAMDAR, J.]