SUNITA SHANKAR SALVI Vs. SHANKAR LAXMAN SALVI

JUDGEMENT

(1.) THE source of this appeal is a dispute between husband and wife for the property being flat No. 105, located on the first floor of the building, namely, Sai Chhaya Apartment, Akurly Road, Kandivali (E), Mumbai-400 001 (hereinafter referred to as the "said flat" for the sake of brevity ). FACTS IN BRIEF

(2.) THE facts giving rise to the present appeal, in nut shell, are as under : the appellant (wife) instituted matrimonial litigation by presenting petition under Section 28 of the Special Marriage Act for dissolution of the marriage in Second Family Court, Bandra (Mumbai) being M. J. Petition No. 845 of 1987. The cross petitions were also filed bearing Nos. 847 of 1987 and 701 of 1987. During the pendency of the said proceedings, consent terms were arrived at between the appellant and the respondent dissolving their marriage under Section 138 of the Hindu Marriage Act. The remaining dispute centered around the said flat, as such, the present appeal is restricted to the said flat in question.

(3.) IN view of the consent terms filed by the parties hereto, the appellant was allowed to amend Petition No. 845 of 1987 and Petition No. 701 of 1987 was allowed to be withdrawn.