-1-

IN

IN

IN

THE

THE

THE

HIGH

COURT

OF

JUDICATURE

AT

BOMBAY

HIGH

COURT

OF

JUDICATURE

AT

BOMBAY

HIGH

COURT

OF

JUDICATURE

AT

BOMBAY

TESTAMENTARY

TESTAMENTARY

TESTAMENTARY

AND

AND

AND

INTESTATE

JURISDICTION

INTESTATE

JURISDICTION

INTESTATE

JURISDICTION

MISCELLANEOUS

MISCELLANEOUS

MISCELLANEOUS

PETITION

PETITION

PETITION

NO.79

OF

2005

NO.79

OF

2005

NO.79

OF

2005

The

Administrator

General,

Maharashtra State, Mumbai

...Petitioner

v/s

Mr Ambarish Satish Pandit

...Deceased

Mr

Kirit

J.

Hakani

for

Petitioner.

CORAM

:

D.K.

DESHMUKH

J.

DATE

:

7TH

JUNE

2007.

-2-

P.C.

:-

1.

Petition is granted in terms of prayer clauses

(a)

to

(c)

and

(e).

So

far

as

the

prayer

clause

(a)

is

concerned,

it

is

clarified

that

in

Exh.’B’

to

the

petition,

first

property

mentioned

is

Flat

No.6,

Rachana

Regency,

C.T.S.

No.1098/9B,

Model

Colony,

Shivaji

Nagar,

Pune

411

016.

From

the

material

on

record,

it

appears

that

the

sale

deed

of

that

property

has

been

executed

in

favour

of

the

respondent

-

Ashpak

Karim

Khan.

The

question

whether

the

title

to

the

property

has

validly

passed

to

the

said

Ashpak

Karim

Khan

cannot

be

decided

in

these

proceedings.

Therefore,

liberty

is

granted

to

the

petitioner

to

institute

appropriate

proceedings

in

appropriate

Court

in

relation

to

that

property.

It

is

clarified

that

till

the

appropriate

Court

so

decides,

the

respondent

-

Ashpak

Karim

Khan

can

continue

to

hold

the

said

property

and

the

Administrator

General

shall

not

interfere

with

the

same.

However,

the

respondent

-

Ashpak

Karim

Khan

is

directed

that

he

shall

not

deal

with,

transfer,

alienate

or

part

with

possession

of

the

said

property

for

a

period

of

twelve

weeks

from

today.

Petition

is

disposed

off.

It

is

clarified

that

the

appropriate

authority

to

which

the

petitioner

would

approach

in

relation

to

the

aforesaid

flat,

shall

decide

those

proceedings

on

their

own

merits

-3-

without being influenced by the fact that this Court has

made an interim order in relation to the said property.

.

Parties to act on the copy of this order duly

authenticated by the Associate / Private Secretary as

true copy.

.

Certified copy expedited.

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