: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.311 OF 2009 Kirti Jagdish Mulani ... Appellant V/s. Pratapsingh Mulani ... Respondent Mr.A.M. Kulkarni for Appellant Mr.Niranjan Pandit with Kapadia and Nidhi Singh for Respondent Nos.1 & 2 CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 14, 2009 P.C.: 1. The appellant has approached this Court contending that the interim order passed by the trial Court is required to be set aside. It is contended that the respondents in this appeal have been granted an injunction against the appellant from using the premises which were in her occupation. It is further submitted that the order directs the appellant not to use a part of the second floor premises and the third floor premises although she was continuously using those premises after her marriage to Respondent No.3 2. The trial Court has, while allowing the Notice of Motion taken into consideration the fact that there are several complaints filed by the appellant against the respondents including one under the Domestic Violence Act against the plaintiff No.1. The plaintiffs on the other hand, have made allegations against defendant No.1 : 2 : i.e. the appellant herein of harassing him in every possible manner. There are criminal proceedings pending between the parties and in such a situation, the trial Court has restrained defendant No.1 i.e. the appellant herein from entering and obstructing the plaintiffs’ possession of 800 sq.ft. flat on the second floor in which they reside. It was sought to be contended by the learned advocate for the appellant that there is a draft of a family arrangement which indicates that defendant No.1 i.e. the appellant herein was residing in the third floor premises. Admittedly that draft has not resulted into any final deed. The respondents have been directed not to enter into the area admeasuring 600 sq.ft. on the second floor which is in the Appellant’s possession and occupation. In these circumstances, in my opinion, the trial Court has committed no error by directing the parties to live in separate parts of the flat on the second floor. 3. This arrangement would obviously be only temporary, till the suit is disposed of. The trial Court will dispose of the suit without being influenced by its observations made while disposing of the Notice of Motion and those in the order of this Court. 4. Appeal from Order is disposed of accordingly.