(1.) IN this appeal judgment and order dated 24.1.2000, passed by the learned Single Judge in F.A. No. 377 of 1990 is under challenge. The appellant is the original defendant and the respondent is the original plaintiff. For the sake of convenience, the parties are referred to in this judgment as per their status in S.C. Suit No. 3378 of 1983.
(2.) S .C. Suit No. 3378 of 1983, out of which the present appeal arises, was filed by the plaintiff -wife against the defendant -husband for a mandatory injunction for removing him along with his belonging from Flat No. 9, Datta Vijay Co -operative Housing Society Ltd., Mahatma Phule Road, Mulund (East) Bombay -400 081 ('the suit flat' for short).
(3.) THE plaintiff was married to the defendant on 18.12.1973. After the marriage the couple resided together in the defendant's flat at Siddharth Nagar, Goregaon, Bombay ('Goregaon house' for short). The defendant had another accommodation at Girgaun ('Girgaun house' for short).