Avni Suraj Shah v. Suraj Narendra Shah
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10070 OF 2022 IN FAMILY COURT APPEAL NO.158 OF 2009 Avni Suraj Shah .. Applicant/Appellant
Versus
Suraj Narendra Shah .. Respondent ......
Ms.Veena Gowda a/w. Ms.Sarah Kapadia and Ms.Aarti Ranade, Advocate for the Applicant/Appellant.
K.C. Nichani a/w. Ms.Shobha S. Pawar, Advocate for the Respondent. ......
CORAM : NITIN JAMDAR AND SHARMILA U. DESHMUKH, JJ.
DATED : 7 September 2022.
P.C. :
This Interim Application is taken out in the Family Court Appeal No.158 of 2009, which is admitted by order dated 2 February 2010. The Appeal is filed by wife, who had filed a Counter - claim in Petition No. A - 247 of 2006, which was rejected by the order impugned in Appeal as barred by limitation. The Applicant had sought Digitally signed by RAJESHRI PRAKASH AHER Date:
2022.09.12 18:19:43 +0530 RAJESHRI PRAKASH AHER directions to the Respondents to return her jewellery as per the list
2/3 5 ia 10070 of 2022.doc annexed at Exhibit - A to the claim and return her Streedhan deposited in the bank locker.
By this Application, the Applicant is praying for return of Streedhan lying in the bank locker. The learned counsel for the Respondent - husband, on instructions, states that the Respondent - husband has no objection for grant of this relief i.e. return of Streedhan kept in the bank locker at Indian Bank, Sion Branch, Mumbai, as prayed for. Learned counsel for the Respondent - husband also states that even if the Bank locker contains some articles of Respondent - husband, the Respondent - husband is willing to give up his claim to the same.
In view of the stand taken by the Respondent - husband, prayers made in this Application will stand worked out. Though these are interim prayers, the learned counsel for the Respondent - husband, on instructions, states that this can be final relief, and, therefore, part of the relief in the Appeal also stand worked out. The Interim Application, is accordingly, disposed of in the light of the consensus before us. This part of final relief in the Appeal also stands granted. The copies of this order be kept in the record of the main Appeal.
3/3 5 ia 10070 of 2022.doc The Registrar of the Family Court to take necessary action in respect to the opening of the bank locker. SHARMILA U. DESHMUKH, J.
NITIN JAMDAR, J.