ASHA AMIT Vs. AMIT KANTILAL DAVE

JUDGEMENT

(1.) RULE, returnable forthwith. Respondent No. 1 waives service.

(2.) THE petitioner-wife is residing along with her minor son by name nihar in Flat No. 16, Building No. 12, Navjeevan Co-operative Housing society, Lamington Road, Bombay. The said flat stands in the name of Smt. Leela Kantilal Dave, who is mother of respondent No. 1, and respondent no. 1. The petitioner claims right to reside in Flat No. 16 as according to her version the said flat is her matrimonial home. The respondent No. 1 contends that the respondent No. 1 and his mother have agreed to sell the said flat to a third party and they have purchased another flat in the building belonging to Anand Kamal Co-operative Housing Society Limited situate at carmicheal Road, Bombay. The respondent No. 1 and his mother Smt. Leela Kantilal Dave both being present before the Court desire the petitioner arid Nihar to shift to the newly purchased flat and vacate the present flat without intending to jeopardise the rights of the petitioner in any manner whatsoever. Having regard to this background and after hearing the learned counsel for both sides, the order dated 2nd November 1991 passed by the family Court at Bandra, Bombay, on Interlocutory Application No. 676 of 1991 in Petition No. B-96 of 1991 is substituted by the following order ;

(3.) ALTHOUGH Smt. Leela Kantilal Dave is not a party to the present proceeding, she has gracefully accepted the above terms and has agreed to give an undertaking to the Court of ber own volition in order to enable the court to find out a reasonable solution to the problem. The above order is, therefore, passed with consent of the petitioner, the respondent No. 1 and his mother Smt. Leela Kantilal Dave.