1 132.10 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.132 OF 2010 WITH CIVIL APPLICATION NO.162 OF 2010 Kishor Daji Amberkar & Anr. ...Appellants Versus Meera Suresh Manjrekar & Ors. ...Respondents ...... Mr.Girish Manurkar for Appellants. Mrs.Anjali Helekar for Respondent Nos.2 and 3. ...... CORAM:- A.M.KHANWILKAR AND R.Y.GANOO, JJ. DATED:- JUNE 8, 2011. P.C. 1. Heard Counsel for the parties. 2. Admit. Mrs.Helekar waives notice for respondent Nos.2 and 3. 3. As short question is involved, taken up for final disposal forthwith by consent. 4. This Appeal takes exception to the Judgment and Decree passed by the Family Court No.6, Bandra, Mumbai dated 11th March, 2010 in Petition 2 132.10 No.B-50/2007/. The said Suit was filed for declaration and consequential relief by the appellants before the Family Court. However, as the respondents 2 and 3 were not the family members, the Family Court opined that it had no jurisdiction to entertain the Suit. This opinion is the subject matter of challenge in the present Appeal. 5. The fact that the Suit for declaration and consequential relief is in respect of property originally standing in the name of family members of the Appellants is not in dispute. It is also not in dispute that the said property is now allegedly transferred in favour of respondent Nos.2 and 3 by the respondent No.1 in breach of the terms of settlement arrived at between the appellants and the respondent No.1. The fact remains that the Suit clearly proceeds on the assertion that the respondent Nos.2 and 3 have been illegally put in possession of the property in question. In that sense, the appellants besides asking for declaration against respondent No.1 who is their family member, are also asking for further substantiative relief against the respondents 2 and 3 in relation to the self same property. In this view of the matter, no fault can be found with the opinion expressed by the Trial Court that the Family Court would have no jurisdiction to try and entertain such a dispute. To that extent, the decision of the Family Court 3 132.10 will have to be upheld. However, the limited relief that the appellants would be entitled to in the present Appeal is to set-aside the operative order of the Family Court dismissing the Petition and instead, modify it by directing return of Petition/Plaint to the appellants so as to enable them to present the same before the Court of competent jurisdiction, if they so desire. The Petition/Plaint shall be returned by the Family Court No.6, Bandra, Mumbai to the appellants within four weeks from today. All questions on merits are left open. 6. Any observation made by the Family Court will not come in the way of the parties to pursue their remedy before the appropriate Court which will, as aforesaid, proceed on merits in accordance with law. 7. Appeal finally disposed of on the above terms, with no order as to costs. 8. In view of the above order, Civil Application also stands disposed of. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)