(1.) The above Family Court Appeal impugns the Judgment and Decree dtd. 11/3/2013 passed by the Family Court at Bandra. By the impugned Judgment, the Family Court has:
(2.) Originally, the Petition seeking judicial separation was filed by Mrs. Rajeshri V. Mahesh [the Original Appellant] who was the wife of the Respondent. She was previously married and has a son from her previous marriage [the present Appellant]. The above Family Court Appeal was also originally filed by Mrs. Rajeshri V. Mahesh as she was aggrieved by the impugned Judgment and Decree passed by the Family Court on 11/3/2013. During the pendency of the above Appeal, the said Mrs. Rajeshri V. Mahesh [the Original Appellant] passed away on 15/1/2022. Accordingly, pursuant to order dtd. 9/6/2023 passed in Interim Application No. 4753 of 2023, the present Appellant, namely, the son of Mrs. Rajeshri V. Mahesh from her first marriage, was substituted as the Appellant being her legal heir. The said Mrs. Rajeshri V. Mahesh and the Respondent had no children from their marriage.
(3.) Be that as it may, in view of the death of Rajeshri V. Mahesh, the Appeal against the impugned Judgment, in so far as it dismisses her Petition for judicial separation and decrees the Respondent's counterclaim for divorce, is not pressed by Mr. Seth, the learned advocate appearing for the present Appellant. The sole issue for consideration and which now survives in the above Family Court Appeal, is the correctness of the Family Court's order that the Respondent is the sole and absolute owner of the Juhu Flat.
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