Smt. Smruti Harishchandra Bhat (Call ... vs Foresight Holdings Private Limited, ...
2023 Latest Caselaw 12434 Bom

Bombay High Court

Smt. Smruti Harishchandra Bhat (Call ... vs Foresight Holdings Private Limited, ... on 8 December, 2023

Author: Amit Borkar

Bench: Amit Borkar

                                                                                     910-cra-454-2016.doc


                       SA Pathan
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                    CIVIL REVISION APPLICATION NO.454 OF 2016


                       Smruti Harishchandra Bhat                       ... Applicant
         Digitally



AYUB
PATHAN
         signed by
         SHABNOOR
SHABNOOR AYUB
         PATHAN
         Date:
         2023.12.08
         15:24:33
                                  V/s.
                       Foresight Holdings Pvt. Ltd.                    ... Respondent
         +0530




                       Ms. Manjiri S. Parasnis, for Applicant.
                       Mr. Vishwanath S. Talkute, for Respondent.




                                                     CORAM       : AMIT BORKAR, J.

                                                     DATED       : DECEMBER 8, 2023
                       P.C.:

1. Arguable questions are raised. Hence, Rule.

2. Prima facie, it appears that the defendant has proved her possession over the suit premises before the date of dispossession as against in the plaint.

3. The Trial Court in the impugned judgment, recorded a finding that that the plaintiff was in possession of suit premises on the date of dispossession. However, in the next paragraph, the Trial Court has also recorded a finding that defendant was in possession of suit premises. However, nature of possession of defendant cannot be termed as exclusive possession.

4. In view of such finding, it is necessary that the matter

910-cra-454-2016.doc

requires final hearing. Hence, there shall be interim relief in terms of prayer clause (c).

5. It is directed that both the parties shall maintain status quo as regards possession of the suit property during pendency of the present civil revision application.

(AMIT BORKAR, J.)