Asiya Salim Shaikh v. Romell Housing LLP
Case brief
What is this about?
adverse possession — pleadings and cause of action — interim relief refused — partnership firm versus sole proprietorship — 'M/s' nomenclature — firm cannot claim adverse possession from pre-formation acts of partner — forged IGPOA — duplicate registration number BDR-6 4665/2010 — GPOA — documents non-est — stamp duty impounding — Maharashtra Stamp Act, 1958 — Court Receiver — Section 145 Cr.P.C. — Section 6 Specific Relief Act, 1963 — Romell Housing LLP — Velentine Properties — Pooja Land & Premises — Shaikh Constructions — Dahisar/Borivali quarry land — Criminal Writ Petition No.3214 of 2017 — Criminal Revision Application No.108 of 2023 — Advocate General investigation — monthly monitoring of fraud inquiry — Karnataka Board of Wakf — Chatti Konati Rao — M. Siddiq — Nand Ram — Ram Sarup Gupta distinguished.
What did the court decide?
No interim relief granted; all three Interim Applications dismissed for want of cause of action. However, the ad-interim arrangement (Court Receiver appointed on 19 September 2025, and the 17 October order on security guards) was continued for two weeks; if no orders are obtained in appeal, the Court Receiver is to stand discharged (subject to payment of cost, charges etc.) and restore possession to the party from whom possession was taken. Further directions: Registration Authorities to confiscate the IGPOA dated 19 May 2010; Investigating Officer (to be entrusted via the Advocate General of Maharashtra) to investigate the fraud and fabrication and report progress monthly; both documents dated 10 December 2016 (pages 887 and 967) to be impounded by the Stamp Authorities under the Maharashtra Stamp Act with adjudication and recovery of differential duty, interest, penalty and prosecution if required; Registry to forward a copy to the Advocate General of Maharashtra and the Collector of Stamps; matters posted on 15 December 2025 for apprising the Court on the progress of the investigation.