1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 222 OF 2009 IN FAMILY COURT APPEAL NO. 131 OF 2009 Anwar @ Arvind Ramkrishna Mudbhatkal .....Applicant/Appellant Versus Shehnaz Sani ....Respondent Smt. Neeta Karnik for the Applicant/Appellant. Smt. Shehnaz Sani, present in person. AND CIVIL APPLICATION NO. 220 OF 2009 IN FAMILY COURT APPEAL NO. 148 OF 2009 Shehnaz Sani (In Person) .....Applicant/Appellant Versus Anwar @ Arvind Ramkrishna Mudbhatkal ....Respondent Smt. Shehnaz Sani, present in person. Smt. Neeta Karnik for the Respondent. CORAM : P. B. MAJMUDAR & R. V. MORE, JJ. DATED : 2nd SEPTEMBER, 2009. P.C.: The Civil Application No.222 of 2009 is filed by the Appellant who is the husband of the Respondent-wife in Family Court Appeal No.131 of 2009. The Respondent–wife has also filed Cross Appeal being Appeal No.148 of 2009. Both the said Appeals are admitted by us and we have ordered that both the Appeals should be heard together. The dispute is in connection with the flat 2 in question. The Respondent-wife has also filed Civil Application No.220 of 2009 with a prayer that the impugned decree of the Family Court may be stayed. By the impugned order, the Family Court has declared that the disputed flat is in the ownership of the husband and the wife has no right over the same. The said finding is challenged by the Respondent-wife by filing subsequent Appeal. 2. During the course of hearing, the Respondent-wife pointed out that the Appellant-husband has forcibly entered into possession of the said flat. She has further submitted that she is going to take out separate proceedings against her husband under the Domestic Violence Act and file an F.I.R. in the Police Station. So far as the case against the Appellant- husband under Domestic Violence Act is concerned, this Court is not required to say anything and the Respondent-wife can proceed with the same in accordance with law. However, since we have already fixed both the Appeals for final hearing on 11th November, 2009, it is directed that both the sides should maintain status-quo regarding the disputed flat till the final hearing of the Appeals and the Respondent-wife shall not be dispossessed by the Appellant-husband from the said flat. The status-quo to be maintained accordingly, till the Appeals are decided. The Appellant-husband who is the Applicant in Civil Application No. 222 of 2009 will not transfer, alienate the flat to anyone in any manner. The records and proceedings are called for, from the Family Court, so as to reach before this Court before the final hearing of these Appeals. The Civil Application Nos. 220 and 222 of 2009 are disposed of in aforesaid terms. Sd/- Sd/- (R. V. MORE, J.) (P. B. MAJMUDAR, J.)