SMT. ARCHANA DAUGHTER OF BHIMRAO RANDAYE, AGED 40 YEARS, OCCUPATION Vs. DR. SAU. KAVITA WIFE OF DILIP CHANGOLE, AGED ABOUT 45 YEARS, OCCUPATION
LAWS(BOM)-2017-2-147
HIGH COURT OF BOMBAY
Decided on February 28,2017

Smt. Archana Daughter Of Bhimrao Randaye, Aged 40 Years, Occupation Appellant
VERSUS
Dr. Sau. Kavita Wife Of Dlip Changole, Aged About 45 Years, Occupation Respondents

JUDGEMENT

A.S. Chandurkar, J. - (1.) The original defendant in Regular Civil Suit No. 1041 of 2014 is aggrieved by the order passed by the trial Court dated 3rd May, 2016 below Exh.18 whereby the Preliminary Issues have been answered in favour of the plaintiff after rejecting the objection raised by the defendant.
(2.) The Applicant and Non-applicant are sisters. It is the case of the Non-applicant-plaintiff that their father had constructed a huge bungalow on a plot admeasuring about 750 square meters. The father had executed a Will on 1st January, 1997, and subsequently another Will on 3rd August, 2000. According to the plaintiff, after the demise of her parents, she was residing in a portion of the said bungalow, while the applicant-defendant was residing in another part of the said bungalow. On the plaintiff getting knowledge, that the defendant was setting up a claim for the entire property, she lodged a police complaint and thereafter in August, 2014, filed a suit for declaration that she had legal right to reside in the suit property and that the alleged Will dated 30th December, 2004 said to have been executed by her father was invalid. Other ancillary reliefs were also sought in the suit. Along with the plaint, the plaintiff also filed an application for temporary injunction seeking to protect her possession and for restraining the defendant from alienating the same.
(3.) The defendant filed her Written Statement and raised an objection that the suit had been undervalued. It was further asserted that the suit was barred by limitation as the plaintiff was aware about the existence of the Will dated 30th December, 2004, executed by her father. The prayers as made in the plaint were also opposed. The defendant also filed her reply to the application for grant of temporary injunction.;


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