Disposed

Smt. Kalpana Dilip Porwal and Others v. Smt. Prabhavati Shantilal Porwal Deceased Ramanlal Shantilal Porwal and Others

Bombay HC29 Sept 2010CAC/267/2010

Case brief

AI extract

What is this about?

Single judge disposal of a civil application in a suit between closely related parties pending in another court, granting permission to install a grill and use a common washing place.

What did the court decide?

Permission to put up grill (upon Municipal Corporation permission); Common washing place to be kept open with keys exchanged when parties are away from the city.

Smt. Kalpana Dilip Porwal and Others Vs Smt. Prabhavati Shantilal Porwal Deceased Ramanlal Shantilal Porwal and Others — Bombay HC (2010) — LawSathi Research

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SNS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.267 OF 2010

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IN CIVIL REVISION APPLICATION NO.372 OF 2003

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Smt. Kalpana D. Porwal and Ors. v.

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Smt. Prabhavati S. Porwal Since deceased through legal heirs Shri Ramanlal S. Porwal and Ors.

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...Applicants.

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...Respondents.

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Mr.A.V.Anturkar i/by Sugandh B. Deshmukh, advs., for the Applicants.

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Mr. Rahul S. Kadam, adv. for the respondents.

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CORAM : J.H.Bhatia, J. DATE : 29th September, 2010

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P.C.:

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1 Heard. Parties are closely related and suit is pending

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between them. In view of the circumstances disclosed in the application, applicant, who is respondent in the revision application seeks permission to put up a grill in a portion on the first floor in her occupation and she also wants common washing place to be kept open. The learned counsel for the respondents who are revision applicants states that washing place is for the use of respondents and not for the

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applicant and that washing place was closed temporarily when the respondent had been away from the town and now it has been kept

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open but he states that as and when respondent will be away from the town, it will have to be kept closed. In view of the facts and circumstances, it appears that common washing place is being used by

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both the parties and naturally if it is closed and locked by the respondents as and when they go out of the town, it may cause inconvenience to the applicant. As far as putting up of grill is concerned, the learned counsel for the respondents has no objection provided permission is obtained from the Municipal Corporation because according to him, the Municipal Corporation may not permit as the building may not bear load of the grill. In view of the above circumstances, application stands disposed of with the following directions:

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(i) Applicant shall be allowed to put up grill only after obtaining necessary permission from the Municipal Corporation.

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(ii) Common Washing Place shall be kept open for use of both the parties. As and when respondents and all his family members are away from the city, key of the lock of the common washing place shall be left with the applicant for her use and on return of the respondents, key shall be returned by the applicant to the respondents.

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2 Application stands disposed off accordingly.

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(J.H.BHATIA, J.)

Smt. Kalpana Dilip Porwal and Others v. Smt. Prabhavati Shantilal Porwal Deceased Ramanlal Shantilal Porwal and Others

Case brief

What is this about?

What did the court decide?

Smt. Kalpana Dilip Porwal and Others v. Smt. Prabhavati Shantilal Porwal Deceased Ramanlal Shantilal Porwal and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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