Mehul Mahendra Thakkar @ Karia vs Meena Mehul Thakkar @ Karia

Mehul Mahendra Thakkar @ Karia ..........Appellant

Versus

Meena Mehul Thakkar @ Karia ........Respondent

ORDER

Leave granted.

2) The order passed by the High Court of Bombay in Civil

Application No. 238 of 2007 filed in Family Court Appeal No.

128 of 2007 dated 5.10.2007 is the subject matter of this appeal.

3) By the impugned order, the court has directed the Court Receiver

to take possession of the flat from the appellant and induct

respondent-wife in the flat during the pendency of the appeal.

4) In the appeal filed, the appellant has called in question the

correctness or otherwise of the findings and the conclusion

reached by the Family Court in Petition No. A-1072/2000 dated

1 6.2.2007, wherein the Family Court has reached the conclusion

that both the husband and wife are joint owners of flat bearing No.

303, Rajesh Nagar Co-operative Housing Society Ltd., Borivali

(West), Mumbai.

5) Even before giving a verdict on the findings and the conclusions

reached by the Family Court, by way of interim relief, the court

has granted the main relief itself. This, in our opinion is

unsustainable. It is settled legal position, that by way of interim

relief, final relief should not be granted till the matter is decided

one way or the other.

6) In view of the above, we allow this appeal and set aside the order

by the High Court in Family Court Appeal No. 128 of 2007 dated

5th day of October, 2007. In view of the peculiar facts and

circumstances of this case, we request the court to dispose of the

appeal as early as possible and at any rate within an outer limit of

six months from the date of receipt of copy of this court's order.

.......................................J. [ TARUN CHATTERJEE ]

.......................................J. [ H.L. DATTU ]

2 New Delhi, March 23, 2009.

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