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1999 Supreme(Bom) 800

RANJANA DESAI
Gheverchand Devichand Shah & another – Appellant
Versus
Pukhraj Vacchraj Shah & another – Respondent


JUDGMENT - Smt. DESAI RANJANA, J.:---This petition filed under section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) and under Article 227 of the Constitution of India relates to proceedings initiated under section 145 of the Code in respect of room No. 10, 3rd floor, Madhavji Building, S.V.P. Road, Opp. Alankar Cinema, Bombay (hereinafter referred to as the disputed premises). The petition seeks setting aside of the orders dated 17-7-1992 being Exhibits 'F', 'G' and 'H' to the petition, passed by the learned Additional Chief Metropolitan Magistrate, IV Court, Girgaon, Bombay in Case Nos. 932/N/1992 and 933/N/1992. By the order at Exhibit 'F' preliminary notice under section 145(1) of the Code is issued to the respondents. By order at Exhibit 'G' petitioners have been called upon to give their written statement in respect of their respective claim about possession of the disputed premises. By order at Exhibit 'H' the petitioners have been called upon to give their say as to why the application of respondent No. 1 praying for sealing of the disputed premises should not be granted.

2. Shortly stated, the facts are as under:---

The petitioners are cousins. Petiti





















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