Ramling Narshappa Deshmane v. The State Of Maharashtra

rpa 1/2 wp-2156-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2156 OF 2014 Ramling N. Deshmane .. Petitioner V/s.

The State of Maharashtra .. Respondent ......

Mr.Sushil Upadhyay i/b. Mr. A.M. Saraogi, Advocate for the Petitioner.

Mr. J. P. Yagnik, APP for the Respondent - State. ......

CORAM : NARESH H. PATIL AND PRAKASH D. NAIK, JJ.

DATED :

JULY 13, 2016.

P.C. :

Petitioner's grievance is that he purchased double room from a person by name Mrs.Vaijanth Sopanrao Bhapkar, who represented herself to be the owner in respect of a property bearing survey no.71, situated at 3 B/23, Om Shivai Building Pimpari, Pune. Petitioner states that he met the owner in the year 1991. It is alleged that petitioner was put in possession of the said room. A legal notice was issued by petitioner to the owner on 29th February, 2008. Immediately after receipt of the said notice, the owner signed a deed of confirmation on 31st

rpa 2/2 wp-2156-14.doc March, 2008. It is alleged that still the owner failed to transfer the property in the name of petitioner. Petitioner claims that he is in lawful, occupation and possession of the said property. It is alleged that accused have created forged and fabricated documents and created litigation on the basis of the same. Petitioner claims that he approached the respondents in the year 2014.

We have perused the record before us. In the facts, we observe that petitioner may resort to alternate remedy, as may be available in law under the Code of Criminal Procedure, 1973. Keeping all issues on merits open, Writ Petition is disposed of.

(PRAKASH D. NAIK, J.) (NARESH H. PATIL, J.)