SMITA P.DOSHI Vs. PRAVINCHANDRA H,DOSHI
HIGH COURT OF BOMBAY
Pravinchandra H. Doshi
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R.D. Dhanuka, J. -
(1.) First Appeal No.95 of 2009 is filed under Section 96 of the Code of Civil Procedure, 1908 inter-alia impugning the decree dated 6th December, 2008 passed by the City Civil Court, Bombay thereby decreeing the Suit No. 6487 of 2000 declaring that the appellant (original defendant) is not entitled use the suit flat and directing her to remove herself with all her bags and baggages from the suit flat and for other reliefs.
(2.) First Appeal No.820 of 2013 is filed by the appellant (original plaintiff) impugning the order passed by the City Civil Court on 7th November, 2012 thereby allowing the Notice of Motion No. 2240 of 2012 filed by the original defendant nos. 4 and 5 under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 and rejecting the plaint filed by the appellant. By consent of parties, both these Appeals were heard together and are being disposed off by a common order. Some of the relevant facts for the purpose of deciding these First Appeals are as under:-
(3.) Appellant in both these appeals was original defendant in SC Suit No. 6487 of 2000 which is subject matter of First Appeal No. 95 of 2009. The appellant was the original plaintiff in Suit No. 1278 of 2011 which is subject matter of First Appeal No. 820 of 2013. Ms. Smita P. Doshi, the appellant in these proceedings is daughter of Mr. Pravinchandra H. Doshi and Mrs. Indumati P. Doshi. It was the case of the said Mr. Pravinchandra H. Doshi and Mrs. Indumati P. Doshi that one Mr. Hiralal G. Doshi was father of the said Mr. Pravinchandra H. Doshi and had acquired Flat No. 9, Matru Chhaya Building, situated at Netaji Subhash Road, Marine Drive, Mumbai 400 020 (hereinafter referred to as "the said suit premises" for short) on tenancy basis.;
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