1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 41 OF 2010 IN FAMILY COURT APPEAL NO. 7 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr Amol D Joshi, for the appellant- husband in FCA No.24 of 2010 and respondent in FCA no.7/10. Ms Seema Sarnaik i/by Mr N.M.Ganguli and Mrs Kunda Samant for respondent no.1-wife in FCA No.24 of 2010 and applicant/appellant in FCA no.7/10. CORAM: D.B.BHOSALE AND R.Y.GANOO, JJ. DATE : 02/03/2010 PC: Heard learned counsel for the parties. In this civil application, the applicant-wife, has prayed for direction to the respondent-husband to vacate and hand over peaceful possession of the matrimonial flat to her. Admittedly, the respondent-husband is in possession of the said flat. The Family court, while T 2 disposing of the petition, declared that the matrimonial flat and the articles lying therein are jointly owned by the applicant and the respondent. In view thereof, Mr.Joshi, learned counsel for the respondent-husband, on instructions from his client who is present in the court, submits that the respondent will pay Rs.2500/- per month by way of compensation for occupying the flat, which is jointly owned by the applicant and the respondent, from the date of the judgment dated 15.4.2009. He seeks eight weeks time to clear the arrears. In view of the submissions, we are satisfied that the following order shall meet the ends of justice. The respondent-husband is allowed to remain in possession of the matrimonial flat till disposal of the appeal. He shall not create any third party rights in the matrimonial flat or part thereof till the disposal of the appeal. From the date of the impugned 3 judgment, i.e 15.4.2009 the respondent shall pay Rs.2500/- per month by way of compensation to the applicant-wife on or before 10th of every month. Insofar as the arrears of compensation are concerned, he shall clear the same within a period of eight weeks from today. The respondent-husband shall pay the aforesaid amount to the applicant- wife by cheque. The civil application is disposed of in terms of this order. (R.Y.GANOO, J.) (D.B.BHOSALE, J.) 4