SEAN HENDRICKS Vs. EUPHEMIA HENDRICKS

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India challenges an order dtd. 15/10/2024 passed by the Presiding Officer, Parents and the Senior Citizens Welfare Tribunal, and SubDivisional Officer, Mumbai Western Suburbs, directing the petitioner who is the step son of the respondent, Euphemia Hendricks, to vacate the flat in question being Flat No. 201, 2nd Floor, Silver Arc Cooperative Society, Poisar Village, Kandivali (West), Mumbai 400 067 (the "said flat").

(2.) On the earlier occasion (on 21/2/2025) when we heard learned counsel for the parties, we passed an order appointing Mr Sivakumar, Additional Prothonotary & Senior Master, High Court Bombay to visit the place where the respondent is presently residing at Bandra, at her sister's residence and to place on record a report on the health condition of the respondent, as also to ascertain from her, whether the respondent is willing to stay with the petitioner and his fiance Ms Rupali Mhatre at the disputed flat at Poisar, Kandivali, and/or as to what is her real intention. Accordingly, a report has been submitted by Mr Sivakumar, Additional Prothonotary & Senior Master. We have perused the report.

(3.) The case of the respondent before the Senior Citizens Tribunal against the petitioner was to the effect that the respondent is the joint owner of the said flat with her deceased husband that the respondent never permitted the petitioner to stay in the flat of the petitioner.