Mau. Abid Habaib Usmani vs Subhash Vamanrao Charhate And Anr
2021 Latest Caselaw 11825 Bom

    ssm                                  1          33-ia2105-in-aost28137.19.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CIVIL APPELLATE JURISDICTION

                         I.A. NO. 2105 OF 2019
                                   IN
                SECOND APPEAL (STAMP) NO. 28137 OF 2019

Mau. Abid Habaib Usmani                                     .....Applicant.

         Vs.

Subhash Vamanrao Charhate & Anr.                            .....Respondents.


Mr. Yatin R. Shah & Mr. Shahzad Khajotia for the Applicant.
Mr. S.N. Chandrachood a/w Mr. V.S. Upadhyay for the Respondent No.1.

                                CORAM :        A. S. GADKARI, J.

                                  DATE :       25th AUGUST, 2021.

P.C.:-

The Respondent No.1 in his Affidavit dated 11 th August, 2021

has specifically averred that, the Appellant herein is not in possession of the

Suit property but the Respondent No.2 who is a Judgment Debtor is

fraudulently attempting to save his possession through the Appellant on the

basis of fabricated and colourable documents.

2 The compilation of documents produced by the

Appellant/Applicant, wherein the alleged rent receipts issued by Mrs.

Shanta Keshav Pandit in favour of the Appellant are annexed, prima facie

indicates that, the signatures of the said landlady materially differ at

various places. It therefore, raises a strong suspicion about its genuineness.

ssm 2 33-ia2105-in-aost28137.19.doc

I find substance in the submissions made by the Respondent

No.1 in his Affidavit.

In view thereof, no interim relief.

Interim Application is accordingly disposed off.

3 Trial Court is directed to proceed with the Execution

proceedings.

                                                                (A.S. GADKARI, J.)


              Digitally signed by
SANJIV        SANJIV
              SHARNAPPA
SHARNAPPA     MASHALKAR
MASHALKAR     Date: 2021.08.30
              18:18:00 +0530