1 ndm 12-cam.164.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 164 OF 2010 IN FAMILY COURT APPEAL NO. 81 OF 2010 Naqi Ahmed Hamid Qureshi. ... APPLICANT Vs. Smt. Asha Naqi Ahmed Qureshi alias Asha Suleman. ... RESPONDENT -------- Smt. Anita A. Agarwal for the Applicant. Mr. H.S. Anand with Smt. Sarita Donde for the Respondent. -------- CORAM : A.M. KHANWILKAR, J. A.A. SAYED, JJ. DATE : 06 th July, 2010. P.C. 1 Heard the learned counsel for the parties. 2 By separate order, we have already admitted the appeal today. 3 Prima-facie, we find merits in the submission that the basis on which the trial Court has answered the issue No.4, in particular, in paragraph No. 81 is not entirely correct. Inasmuch as the Applicant had 2 examined Khalil Ahmad s/o. Abdul Aziz Quraishi in support of the plea that the Respondent used to visit the shop at Abu Dhabi on daily basis and take away the daily cash. This aspect of the matter has not been adverted to at all by the trial Court. Besides, in view of the findings recorded by the lower Court that the Applicant was in joint possession of the disputed premises, the question of restraining the Applicant from entering upon the said flat cannot be entertained. In the circumstances, we have no hesitation in granting interim relief in terms of prayer clause ( a ). However, this indulgence is shown on the condition that the Applicant shall not allow any of his friends or relatives to enter in the suit flat, in particular, when the Respondent is present therein during that time. Moreover, the Applicant shall not permit consumption of liquor in the suit flat when the Respondent is present in the flat alongwith the Applicant. We say so because it is contended on behalf of the Applicant that the Respondent is only on visiting terms in the suit flat. That factual position is disputed by the Respondent through counsel. Be that as it may, we make it clear that as and when the Respondent is present in the flat at the relevant time the Applicant shall not permit any of his friends and relatives to enter upon the said flat or permit consumption of liquor. The above arrangement shall continue during the pendency of the Appeal. Application disposed of on the above terms. [ A.A. SAYED, J ] [ A.M. KHANWILKAR, J ]