(1.) The Civil Revision Application is directed against the order/judgment dtd. 10/4/2018, by the learned Judge, City Civil Court, Dindoshi, thereby decreeing Suit No.226 of 2009 filed by Madhuriben Meghji Shah, the respondent in the application. By order dtd. 22/1/2019, it was directed that the Revision Application shall be decided at the stage of admission itself, and from time to time, it was listed for final hearing. While issuing notice, this Court has extended the stay granted by the trial Court and the stay is continued from time to time.
(2.) I have heard the learned Senior counsel, Shri Jahagirdar for the revision applicant and the learned senior counsel Shri Vineet Naik for the respondent. In order to appreciate the arguments of the rival parties so as to enable me to ascertain the legality of the impugned judgment, some facts in the background are necessary.
(3.) The applicant no.1 Manjulaben Shah claim to be the wife of late Mr.Meghji Shah, who expired on 13/4/1997 whereas the applicant nos.2 and 3 are her married daughters. The applicant no.4 is the landlord of the building where the subject flat is situated. The applicant nos. 5 to 7 to the application are the occupants of the subject flat and according to the respondent, they are illegal occupants who are put in possession, by the applicant nos.1 to 4 after illegally dispossessing her. The respondent Madhuriben also claims to be the wife of Mr.Meghji Shah and she stake her claim that she is residing in the subject flat i.e. flat A-5, Soni House, Chandawarkar Lane, Mumbai 400092.(hereinafter referred to as 'subject flat') The subject flat is located in Borivali, Mumbai and Smt.Madhuriben Shah claim to be in continuous uninterrupted possession of the subject property, till an attempt was made at the instance of the applicant nos.1 to 4 to dispossess her illegally and this happened precisely on 16/7/2008, when she claim that some carpenters were engaged in carrying out the work in the subject flat, when applicant nos.1 to 4 obtained a forceful entry in the flat, and assaulted and confined the carpenters to one room and removed all the belongings of Smt.Madhuriben and stored them on the terrace of the building. This prompted her to file a complaint with the concerned police station which was registered as N.C. Complaint No. 1831/2008 u/s.504 and 506 of the IPC. On 19/7/2018, complaint came to be filed with the Sr. Inspector of Police about her illegal dispossession.