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2025 Supreme(Online)(Bom) 180097

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
GAURAV SRI KALYAN S/O JAYANT KUMAR GUPTA – Appellant
Versus
RAM NARESH SINGH – Respondent


JUDGMENT:

1) Plaintiff has filed the present Interim Application seeking temporary injunction for restoration of possession of the suit premises during pendency of the Suit.

2) Plaintiff has filed the present Suit under Section 6 of the Specific Relief Act,1963 (the Act) complaining of dispossession by the Defendants on 8 September 2025. Block Nos.1 and 3 on ground floor of the building named ‘Laxmi Sadan’ situated at Plot No.123, Sir Bhalchandra Road, 5th Lane Corner, Hindu Colony, Dadar (East), Mumbai are the ‘suit premises’.

3) Plaintiff’s pleaded case in the Plaint is that he is a nephew and Class-II legal heir of Radheshyam Chhotelal Shah (Radheshyam) who was a tenant in respect of the suit premises. It is also Plaintiff’s case that Smt. Saroj Krishnaji Salakade (Saroj) had 1/6th undivided share in the land and the building in which the suit premises are located. That the other co-owners had transferred/released their respective 1/6th shares in the land and the building in her favor thereby making Saroj 50% owner in respect of the land and the building. That Radheshyam took possession of Block No.1 on the ground floor from another tenant and acquired tenancy rights

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