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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
Sheikh Amin Akhtar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. factual background of disputed flat ownership claims. (Para 1 , 2 , 3) |
| 2. arguments on natural justice violation and fraud. (Para 4 , 5 , 6 , 7 , 8) |
| 3. no proof of appellant's title to flat 702. (Para 9 , 10 , 11 , 12 , 13) |
| 4. sham transactions and illegal occupation rejected. (Para 14 , 15 , 16 , 17 , 18) |
| 5. writ jurisdiction excludes title disputes; appeal dismissed. (Para 19 , 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
AARTI SATHE, J.
1. This Letters Patent Appeal is directed against the judgment and order dated 13th June 2011 (hereinafter referred to as the impugned order) passed by Learned Single Judge in Writ Petition No. 1461 of 2011 disposing of the Petition filed by Appellant No. 1 on the ground that the order which was under challenge in the said Petition in no way prejudices Appellant No. 1, and hence the said Petition was not entertained with the findings made therein (which are reproduced later at the relevant paras). By the impugned order, Appellant No. 1 was directed to pursue his rights in respect of the flats in dispute, in the appropriate/competent forum and raise all contentions therein regarding his rights, title, and interest in the said flats.
2. This is a
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