Dismissed

Smt.Rohini Priyadarshan Sharma v. Shri Priyadarshan Jaichand Sharma

Bombay HC3 Aug 2016CAM/101/2013

Case brief

AI extract

What is this about?

The Bombay High Court rejected a civil application seeking an injunction over a flat. The court held that since the underlying Family Court petition sought no substantive relief regarding the property, only interim relief at that stage, the objection to granting relief in the present application must be upheld.

What did the court decide?

The application was rejected.

Smt.Rohini Priyadarshan Sharma Vs Shri Priyadarshan… — Property and Title | Bombay HC (2016)

cam101

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
CIVIL APPLICATION NO.101 OF 2013 IN
 FAMILY COURT APPEAL NO.101 OF 2012

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Rohini Priyadarshan Sharma ...Applicant
vs.
Priyadarshan Jaichand Sharma ...Respondent

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...Applicant

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Mr.Y.M.Kanchan for the applicant
Mr.Jeevan Kuril i/b Mr.Pradip D. Gavali for the
respondent

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CORAM : A.S.OKA, &
 A.A.SAYED, JJ.

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 DATE : AUGUST 3, 2016

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P.C.:

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1Heard the learned counsel for the applicant.
The applicant is the appellant in the Family Court
Appeal. The challenge in the Family Court Appeal is
to the Decree dated 29th December 2011 by which the
Petition No.A-1361 of 2010 filed by the present
applicant has been partly allowed. In this
application, relief of injunction is claimed in
respect of a flat which is allegedly acquired
jointly by the applicant and the respondent.

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2We have perused the prayers made in the
petition before the Family Court. There is no
substantive relief sought in the said petition
before the Family Court in respect of the said flat.
Only an interim relief was sought is as regards the
flat. Therefore, the objection raised by the

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2 cam101

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respondent in the reply that no relief can be
claimed in respect of the flat in the pending appeal
will have to be upheld.

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3Therefore, application is rejected. However, we
make it clear that it will be open for the applicant
to file appropriate proceedings in accordance with
law for seeking reliefs which are claimed in this
Application in respect of the flat in question. All
the contentions of the parties in that behalf are
kept open.

Smt.Rohini Priyadarshan Sharma v. Shri Priyadarshan Jaichand Sharma

Case brief

What is this about?

What did the court decide?

Smt.Rohini Priyadarshan Sharma v. Shri Priyadarshan Jaichand Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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