Namrata Zakaria v. Rajiv Hiranandani And ANR

IRESH SIDDHARAM MASHAL Date: 2021.10.26 10:08:48 +0530 IRESH SIDDHARAM MASHAL 20.3001.21 IA.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3001 OF 2021 IN CIVIL WRIT PETITION NO. 3807 OF 2021 NAMRATA ZAKARIA ....APPLICANT V/s.

RAJIV HIRANANDANI AND ANR .....RESPONDENTS Ms. Taubon F. Irani a/w Himanshu Naparkar advocate for the Applicant Mr. J. K. Shah i/b Prakash Mahadik for respondents CORAM :

NITIN W. SAMBRE, J.

DATE:

25th OCTOBER, 2021.

P.C.:

1] Having heard respective counsel, it is not clear from the impugned order in the main petition as to who is made responsible for repayment of the loan for the property which is occupied by original petitioner-wife.

2] Parties are in agreement that Review Petition to that effect is pending before the Family Court and is likely to be heard in recent future.

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20.3001.21 IA.doc 3] In the recent background, in my opinion, application can be disposed of with following order:

(i) Family Court shall decide the Review Petition of the respondenthusband expeditiously and in any case within period of 6 weeks from today.

(ii) In the meantime, in case if the petitioner-wife is served with a notice of auction sale or taking over physical possession of the property, she shall be at liberty to approach the Family Court seeking appropriate injunction/orders.

(iii) Needless to clarify that this Court has neither gone into nor appreciated the merits of the rival claims.

4] Application stands disposed of.

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