Umaima Kalimuddin Chitalwala And ... vs The State Of Maharashtra And Anr
2023 Latest Caselaw 3183 Bom

                                                           60-apl1099-2019.doc


 AGK
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION

             CRIMINAL APPLICATION NO.1099 OF 2019

 Umaima Kalimuddin Chitalwala & Anr.           ... Applicants
            V/s.
 The State of Maharashtra & Anr.               ... Respondents

                                 WITH
                     WRIT PETITION NO.2956 OF 2019

 Shamaima Taher Mithaiwala                     ... Petitioner
            V/s.
 The State of Maharashtra & Anr.               ... Respondents


 Mr. Neeraj Yadav i/by R. Sathyanarayan for the
 applicant in APL.
 Mr. Girish Kulkarni with D.J. Juikar i/by                  Mr.
 Kripashankar Pandey for the petitioner in WP.
 Mr. Arfan Sait, APP for respondent no.1/State.
 Mr. G.B. Pawar for respondent no.2 in both matters.
 Mr. S.V. Mungekar, PSI, Pydhoni Police Station, is
 present.


                               CORAM : AMIT BORKAR, J.

                               DATED    : MARCH 29, 2023
 P.C.:

1. The essential allegation against the petitioners is that they executed sale deed in excess of their share. In view of judgment of the Apex Court in Mohd. Ibhrahim v. State of Bihar reported in (2009) 8 SCC 751, the applicants have made out a case for grant of interim relief as they are not purchasers.

60-apl1099-2019.doc

2. Arguable questions are raised. Hence, Rule.

3. There shall be interim relief in terms of prayer clause (b).

(AMIT BORKAR, J.)