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2023 Supreme(Online)(Bom) 2568

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
Mr. K. Gupta – Appellant
Versus
Najma W/o. Ramzanali Rasekhinejad And Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Geeta Shastri, i/b. Mr. S. P. Shrivastava
For the Respondents: Ms. Fereshte Sethna, appointed by Legal Aid

Table of Content
1. confusion over identities complicates court proceedings. (Para 1 , 2)
2. ownership disputes linked to past orders necessitate clarity. (Para 4 , 5)
3. arguments against possession highlight legal ambiguities. (Para 6 , 9)
4. court emphasizes adherence to orders and jurisdiction. (Para 10 , 12 , 15)
5. dismissal of the appeal underscores procedural integrity. (Para 16 , 18)
JUDGMENT:

1. This appeal is full of several mysteries. The mysterious journey begins from a confusion as to who exactly is the Appellant and continues to pose several conundrums as to who contested proceedings before the City Civil Court, who possesses the room in question, how did he come in its possession, who exactly is claiming protection from eviction of that room, etc. There are two persons: ‘K. Gupta’ and ‘Santosh Gupta’, who claim to be the Appellant. Appeal is filed in the name of ‘K. Gupta’, but ‘Santosh Gupta’ claims that he has filed it. By filing the appeal, ‘K. Gupta’ wants to protect his possession over the room in question, while ‘Santosh Gupta’ says ‘K. Gupta’ has no concern with the room, which is in his possession. During the course of hearing of the appeal, the mystery intensified

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