PURNIMABEN SHAILESHBHAI SHETH Vs. GIRISHCHANDRA MANILAL PATEL

JUDGEMENT

(1.) THIS petition is preferred under Article 227 of the Constitution of India challenging the order of learned City Civil Judge dated 9th September 2011 in Execution petition No. 26/11 arising from Summary Civil Suit No. 360 of 2008.

(2.) THE petitioner is the widow of Shailesh Atmaram Sheth who passed away on 8th October 1995. She lives in a flat owned by her husband who purchased it from self acquired income. The will of husband of the present petitioner dated 20th June 1997 in respect of his property was notarised and it is the say of the petitioner that on demise of her husband, she became exclusive owner of the property of her husband. Her name is also reflected in the record of Municipal Corporation, electricity company and even in the society. The share certificate was in the name of her husband dated 17th January 1975. Thereafter the certificate has been transferred in the name of the present petitioner.

(3.) IT is the allegation of the respondent that the son of petitioner also had a friend named Rakesh Modi with whom he had monetary transactions and under one or the other pretext the son of the present petitioner had asked him to deliver money to the present respondent. He was taken in a car and was found murdered on 27th July 2007. An FIR was lodged being 1st CR. No.101 of 2007. In the suit the respondent sought for decree of Rs 2,50,000/ with interest against the son of the petitioner and same was decreed by the Court.