1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.1123 OF 2010 WITH CIVIL APPLICATION NO.1383 OF 2010 Mrs. Ilaben N. Patel ...Appellant. v. Mitul N. Patel and Anr. ...Respondents. Mr. Anil C. Singh i/by D.R.Shah, advs. for the Appellant. Mr.A.N.Narula i/by M/s.Jhangiani, Narula and Associates adv. for the respondent no.2. CORAM : J.H.Bhatia, J. DATE : 4TH October, 2010 P.C.: 1 Heard the learned counsel for the parties. Perused the pleadings and the impugned order and the relevant documents. Prima- facie, it appears that the deceased Narendra V. Patel had made a will and bequeathed the suit flat nos.18 and 22 in Sai Darshan in favour of his wife, Ilaben, who is the plaintiff. He died in February, 2007 and both the properties came to be transferred in the name of the plaintiff in July, 2007. Defendant no.1 is their son and defendant no.2 is wife of the defendant no.1. Defendant nos.1 and 2 were married sometimes in the year 2009. Therefore, prima-facie, it appears that transfer of the property was not to deprive daughter-in-law from the right to reside 2 therein. In view of the serious allegations made in paragraph 5 of the plaint that the defendant no.2 had once consumed anti-depressant medicines and threatened to kill herself and she was taken to Nanavati Hospital and thereafter, she went to her mother's place and from there also she threatened to commit suicide making wild allegations against the plaintiff and the defendant no.1. In view of this, plaintiff was required to approach the Sessions Court to obtain anticipatory bail. In view of these antecedents, apprehension of the plaintiff, who is prima- facie owner of the property, does not appear to be unfounded. 2 In view of the above, the impugned order passed by the trial Court refusing ad-interim relief pending the notice of motion is hereby set aside. The respondent no.2 shall not enter into the said flats nos.18 and 22 till the decision of the notice of motion. Defendants shall file reply to the notice of motion within two weeks and the trial Court shall hear and dispose off the notice of motion on its own merits within four weeks thereafter. The trial Court shall not be influenced by any observations either made by him in the impugned order or made by this Court in this order while deciding the notice of motion. 3 3 Appeal and the application stand disposed off accordingly. (J.H.BHATIA, J.)