AARTI W/O JITESH MODI vs PUSHPABEN POPATLAL MODI

Judgment text excerpt

-CRA257-2022+.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 257 OF 2022 WITH INTERIM APPLICATION NO. 30503 OF 2022 Aarti w/o Jitesh Modi ...Applicant Versus SANTOSH 1. Pushpaben Popatlal Modi SUBHASH 2. Jitesh Popatlal Modi …Respondents KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2025.09.03 Mr. R. R. Nair, for the Applicant in CRA/257/2022 and 20:38:17 +0530 IA/30503/2022. Mr. Anil D’souza, i/b Kartik Vig, for Respondent No.1. CORAM: N. J. JAMADAR, J. RESERVED ON: 24th JUNE, 2025 PRONOUNCED ON: 3rd SEPTEMBER, 2025 JUDGMENT:- 1. This revision application is directed against the judgement and decree dated 4th May, 2022 passed by the Appellate Bench of the Court of Small Causes at Bombay in P. Appeal No.398 of 2019, whereby the appeal preferred by respondent No.1 against a judgment and decree passed in LE Suit No.36/42 of 2013 came to be allowed by setting aside the said judgment and decree, and directing the applicant – defendant No.2 to hand over clear and vacant possession of 1/22 -CRA257-2022+.DOC Room No.40, 3rd Floor, Rishikesh Bhavan, Parel, Mumbai, (“the suit premises”) to respondent No.1. 2. The dispute between the parties has its genesis in matrimonial and familial discord. For the sake of convenience and clarity, the parties are hereinafter referred to in the capacity in which they were arrayed before the trial Court. 3. Pushpaben - the plaintiff is the mother of Jitesh (D1). Aarti (D2) – the applicant is the estranged wife of D1. Popatlal Modi the husband of plaintiff and father of D1 was the tenant in respect of the suit premises. Popatlal passed away on 25th November, 1986, leaving behind plaintiff, defendant No.1, another son Jayesh and a daughter Bhavna. 4. The plaintiff ass