Jayesh Dharamdas Jhaveri v. Smt. Nirmala Dharamdas Jhaveri And ANR
502.WP4650_2021speaking.doc Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4650 OF 2021 Abhimanyu Jayesh Jhaveri ... Petitioner V/s.
Smt. Nirmala Dharmadas Jhaveri & Anr.
... Respondents WITH WRIT PETITION NO. 6916 OF 2021 Jayesh Dharamdas Jhaveri ... Petitioner V/s.
Smt. Nirmala Dharmadas Jhaveri & Anr.
... Respondents Mr. Kishor S. Patil for the petitioner in WP/4650/2021. Mr. Amit Sale for the petitioner in WP/6916/2021. Ms. Hiral Thakkar i/b. Ms. Vimal Sanghavi for the respondent. CORAM : G.S.KULKARNI, J.
DATE : 21 December, 2021 P.C.:
1.
Not on board. Upon mentioning, taken on board on a praecipe as moved on behalf of respondent no. 1 for speaking to minutes in the order dated 17 December, 2021. 2.
Learned counsel for respondent no. 1 has drawn my attention to the directions as contained in paragraph 22, which reads thus:
"22.
The petitioners are directed to vacate the grandmother's flat within ten days from today. In fact, on the date when order was reserved, Mr. Amit sale, learned counsel for Jayesh, who was also present in the Court, on his instructions, stated that Jayesh would vacate the flat within ten days. Abhimanyu also now needs to vacate the flat and he shall vacate the same within ten days from today. Ordered accordingly."
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502.WP4650_2021speaking.doc It is her contention that this Court in paragraph 3 has made following observations:
"Jayesh along with his wife Sonal, grandson Abhimanyu and his wife Apeksha left their own house and came to reside with her, at her residence being Flat No. A/12, Mahavir Building, 165, Derasar Lane, Ghatkopar (East), Mumbai - 400 077."
She states that accordingly the observation in paragraph 22 ought to be to include the spouses of Jayesh and Abhimanyu.
3.
In my opinion, the contention as urged on behalf of respondent no. 1 would be required to be accepted and first sentence of paragraph 22 of the said order would be required to be substituted as under:
"The petitioners along with their spouses are directed to vacate the grandmother's flat within ten days from today" 4.
The order dated 17 December, 2021 is accordingly corrected limited to the above change in paragraph 22 of the said order. The order be corrected accordingly and made available to the parties. (G.S.KULKARNI, J.) Digitally signed by VIDYA SURESH AMIN Date:
2021.12.21 21:07:51 +0530 VIDYA SURESH AMIN 2/2