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Bombay High CourtCAF/3310/2014

Mr. Imran Ishaque Shaikh And ORS. v. Mr. Amir Hamza Ahmed Shaikh And Another

2017-06-14Hon'Ble Shri Justice G.S. Patel2 pages

26-CAF3310-14.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3310 OF 2014 IN FIRST APPEAL NO. 792 OF 2016 Imran Ishaque Shaikh & Ors ...Appellants

Versus

Amir Hamza Ahmed Shaikh & Anr

...Respondents

Mr Abdul Lalif N Khatri, for the Applicants/Appellants.

Mr A Bukhari, i/b FM Chawala, for Respondents Nos. 1 and 2. CORAM: G.S. PATEL, J DATED:

14th June 2017 PC:- 1.

The dispute is in respect of a residential Flat No. 18, 3rd Floor, Amirani Mansion, Miya Mohamed Chotani Marg, Mahim (W), Mumbai 400 016. The 1st Respondent is in possession as a tenant. There is some dispute about whether the parties are in joint possession of the premises or not.

2.

Rather than disturbing parties by the appointment of a Court Receiver, both parties are directed to maintain the status quo. Neither of the parties will part with possession or create any third party rights including surrendering the tenancy of these premises. 14th June 2017

26-CAF3310-14.DOC 3.

The Civil Application is disposed of in these terms. There will be no order as to costs.

(G. S. PATEL, J.) 14th June 2017