SANJAY TUKARAM KATKAR Vs. NEELIMA SANJAY KADAM

JUDGEMENT

(1.) Heard learned Counsel for the appellant and the respondents.

(2.) Appellant is the original defendant No.1 who is aggrieved with the impugned judgment and decree passed by the City Civil Court, Mumbai on 2/1/2023, thereby decreeing Short Cause Suit No.2741 of 2013. The Court below had declared Respondent No.1-plaintiff's 1/3 share in the suit premises as well as in the new premises which was granted as permanent alternate accommodation in lieu of the suit premises. The Court below also directed the appellant to deliver possession of 1/3 share of the respondent No.1 in the permanent alternate accommodation. The appellant has been restrained from creating any third party interest in 1/3 share of respondent No.1 in the new permanent alternate accommodation.

(3.) Appellant and respondent No.1 are real brother and sister. Respondent No.1 had sought relief of declaration and possession of her 1/3 share in the suit premises i.e Plot No.134, Kinjal Villa CHS Ltd., Flat No.1102, 11th floor, Shri Parmar Guruji Marg, Parel, Mumbai - 400 012 which has been allotted in lieu of old tenement i.e Room No.5, Ground Floor, Sushma Sadan, Shri Parmar Guruji Marg, Parel, Mumbai - 400 012. Admittedly, old premises stood in the name of uncle of the appellant and the respondent No.1 namely Bhagwan Krishnaji Katkar.