Mehul Mahendra
Thakkar @ Karia Vs. Meena Mehul Thakkar @ Karia [2009] INSC 591 (23 March 2009)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1788 OF 2009 (Arising out
of SLP(C) No. 22196 of 2007) Mehul Mahendra Thakkar @ Karia ..........Appellant
Versus Meena Mehul Thakkar @ Karia ........Respondent
ORDER
1.
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 ]
New
Delhi,
March
23, 2009.
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