JUDGMENT - N.J. PANDYA, J.:---Here is the petitioner of the Family Court who has filed M.J. Petition No. A-1035 of 1991 read with section 13(1)(b) of the Hindu Marriage Act where amongst other prayers, there is a prayer for vacant possession of a flat belonging to the petitioner-appellant. 2. The claim of the ownership was never disputed and even if disputed, on merits it has been established, as could be seen from the judgment of the trial Court at page 14 para 10 onwards. 3. There being a distinct prayer for getting vacant possession in Clause (d) at page 49 of the petitioner along with prayer of injunction in Clause (e) of the same page, the trial Court in its final order had granted relief in accordance with Clause (e). No reason whatsoever is given for not granting the relief in terms of prayer (d). 4. Being aggrieved by this the present appeal has been filed by the original petitioner, the appellant herein. 5. The matter came up before the earlier Division Bench of Justice M.L. Dudhat who on 20th January, 1997 was pleased to allow the appeal and grant relief in terms of prayer (d). However, stating that the name of the Advocate for the respondent husband was not shown on board, a Civil Application No. 739 of 1997 came to be filed by the respondent. The same was decided by another Division Bench on 9th April, 1997. Accepting the aforesaid position and in order to give opportunity to the respondent-husband the learned Judges of that Division Bench by their order recalled the earlier order and kept the matter for further hearing and by way of interim arrangement permitted the husband also to stay in the suit flat. 6. In this background when we have heard the appeal, for the reasons stated above, when we find that the result of the appeal would be the same as that of the Division Bench which passed the earlier order on 20th January, 1997, agreeing with the reasoning given by the earlier Division Bench in the aforesaid order, as also for the reasons briefly stated above, we are inclined to allow the appeal. 7. The learned Advocate appearing for the respondent husband has fairly stated that in spite of all his efforts he could not contact the respondent husband and with whatever instructions today he had tried to argue out the matter. 7. The learned Advocate appearing for the respondent husband has fairly stated that in spite of all his efforts he could not contact the respondent husband and with whatever instructions today he had tried to argue out the matter. However, even if present of the respondent situation would not have been different because the record is very clear as to the ownership of the wife and her prayer for vacant possession had to be granted. 8. When the appellant and respondent, the wife and husband respectively, are separating, putting an end to the relationship, the property belonging to the wife has to be given exclusively to her. Her prayer is also the same and under the circumstances, has to be granted. The arrangement under order dated 9th April, 1997 being interim only, that cannot enure to the benefit of the husband. He, therefore, cannot be heard to say that in view of this order dated 9th April, 1997 nothing survives in the appeal. 9. By very nature the interim arrangement as per the order dated 9th April, 1997 has to go if after final hearing the appeal is to be allowed. 10. The appeal is being allowed. The respondent husband shall vacate the suit premises and hand over its vacant and peaceful possession to the appellant wife. The interim arrangement comes to an end in view of this order. 11. We are told that the wife is already in possession and the whereabouts of the husband are not known. In case the wife has to obtain possession from the husband by virtue of this order, she can take out execution proceedings if required. If she is already in possession, then execution proceedings need not be called for. The net result is appeal allowed and the prayer for vacant possession granted. 12. Under the circumstances, parties to bear their own costs. Issuance of certified copy expedited. Appeal allowed. -----