ROSELY XAVIER vs MUNICIPAL CORPORATION OF GREATER BOMBAY THR.ITS WARD OFFICER, MUMBAI AND ORS.

3 FA-738-2004 (J) C1.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 4. *** CORAM : M.M. SATHAYE, J. DATE : 13th AUGUST, 2025 JUDGMENT: 1. This appeal takes exception to the judgment and decree dated 16.02.2002 passed in L.C. Suit No.2864 of 1986. The said suit is filed by the present Appellant. By the said impugned judgment and decree, the Appellant’s suit is dismissed. 2. The case of the Appellant/Plaintiff, in short, is that she has been residing in the suit premises since her birth. Suit premises are owned by Respondent Municipal Corporation, of which tenancy originally stood in the name of her father Mr. Anthony Soans. After his death the suit premises were transferred in the name of Appellant’s mother Mrs. Karline Anthony Soans. Defendant No.2 is the only surviving brother of the Appellant, who is employed in U.A.E. for past many years. There was another brother by name Lesely, who expired many years back being unmarried. Defendant Nos.3, 4 & 5 are married sisters of the Appellant who are residing with their respective husbands in their matrimonial homes. The Appellant got married with Mr. Wilson Xavier and during that time the Appellant’s mother wa