1 AO-617-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 617 OF 2011 IN NOTICE OF MOTION NO. 1381 OF 2010 IN S.C. SUIT NO. 871 OF 2010 WITH CIVIL APPLICATION NO. 847 OF 2011 Smt. Shweta Manoj Kumar Mishra ... Appellant/Orig.Plaintiff Vs. Manoj Kumar Mishra & Ors. ... Respondents/Orig.defendants Mr. Satyam Vaishnav, Mr. Rakesh D.Dave a/w Mr. Anil Chauhan i/b. Mr. N.N.Vaishnav,Advocates, for the appellant Mr.N.D.Jaywant, Advocate for the respondent No.1. CORAM: J.H.BHATIA,J. DATE : 29th June, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. The appellant is wife of respondent No.1, who is in the employment of Navy. He was provided a residential accommodation as condition of service. He has given notice to surrender the said accommodation to his department and therefore, the Navy has to take back possession of the said accommodation. The plaintiff/appellant claims right to possess the same because, according to her, she is entitled to live in house and that due to certain family disputes, the husband 2 AO-617-11.sxw had decided to vacate the premises. The plaintiff took out Notice of Motion No. 1381 of 2010 restraining the Union of India and Navy from taking possession of the same. That Notice of Motion has been rejected by the trial Court on the ground that there is no privity of contract between the plaintiff and the Union of India or the Navy and, therefore, she is not entitled to any such relief. I do not find any illegality or irregularity in the impugned order. 3. Therefore, the Appeal and the Application stand dismissed. (J.H.BHATIA,J.)