1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.789 OF 2009 FROM NOTICE OF MOTION NO.626 OF 2009 IN S.C. SUIT NO.1074 OF 2009 Mukund V. Anavkar ..Appellant V/s Dnyanesh M.Anavkar & Ors. ..Respondents ---- Mr. Chetan Akerkar for the appellant. ---- Coram : R.S.MOHITE,J Date : 17th August, 2009. PC 1 This is an appeal filed by the original plaintiff. The plaintiff has filed the suit in the trial Court for a permanent injunction against the defendants who are his son, daughter-in- law and one of the three children of his son being the eldest daughter. Admittedly, no reliefs are claimed against two children. The injunction sought is to prevent them from entering the house. Admittedly, on the date of filing of the suit, defendant nos.2 & 3 were staying in the house and continued to reside in the house today. The defendant no.1 who is the son of the plaintiff is not residing in the house because he has been injuncted in a proceedings under Domestic Violence Act. It is contended by the plaintiff that defendant nos.2 & 3 are causing nuisance to him. It is seen that plaintiff is residing along with his 2 wife. Defendant nos.2 & 3 are both ladies who are his daughter-in-law and her eldest daughter. Grant of such reliefs will render them without shelter. The reliefs claimed in the Motion are the reliefs claimed in the suit. The allegations will have to be proved by cogent and proper evidence and all suspicion will have to be removed that this proceeding is not the proceeding on the behest of the defendant no.1. In my view, the trial Court has rightly rejected the reliefs as claimed by the plaintiff. Appeal is therefore, dismissed. (R.S.MOHITE,J) 3