FRENNIE FITTER Vs. MINOO FITTER

JUDGEMENT

(1.) PLAINTIFF in a Suit has, inter alia, claimed the relief that Agreement dated 3rd April 1990 (Exhibit 'H') executed by defendant No.1 in favour of defendant Nos. 2 and 3 disposing flat No.203 in Silver Beach Victor Co-operative Housing Society, Bombay, be declared as s sham and bogus document and not binding upon her. She also claimed consequential reliefs in consonance with the main relief in the Suit such as injunction, appointment of Receiver, etc. The application has been made claiming ad-interim and interim reliefs in accordance with the reliefs as claimed in the suit mentioned earlier.

(2.) PLAINTIFF is ex-wife of 1st defendant. Defendant Nos.2 and 3 claim to be the purchasers of the flat in question. The sale transaction has been effected by the 1st defendant acting on the basis of General Power of Attorney executed by the plaintiff in his favour.

(3.) A reference is also made to the proceedings adopted under the provisions of Section 145 of the Code of Civil procedure before the Metropolitan Magistrate as also a Suit filed by defendant Nos.2 and 3 in the City Civil Court at Bombay being Suit no.7622 of 1991 in respect of the very flat and the order passed by the learned Judge of that Court in Notice of Motion No.6450 of 1991 taken out by the plaintiff in that suit and Notice of Motion No.3425 of 1992 taken out by the present plaintiff in the said suit.