Asiya Salim Shaikh v. Romell Housing LLP
Case brief
What is this about?
Adverse possession — pleadings and cause of action — partnership firm versus sole proprietorship; interim relief refused by Bombay High Court; fabricated IGPOA dated 19.5.2010 bearing duplicate registration No.BDR-6 4665/2010 — documents founded on it declared non-est, confiscation and court-monitored police investigation directed; Maharashtra Stamp Act — impounding and deficit stamp-duty adjudication of documents dated 10.12.2016; Section 145 CrPC findings not decisive of civil possession; Court Receiver (Supreme Court appointed 2019) over Dahisar quarry land, Mumbai; conveyance chain Pereiras → Velentine Properties (2006) → Romell Housing LLP (2017); ingredients of adverse possession applied from Karnataka Board of Wakf, Chatti Konati Rao, M. Siddiq, P.T. Munichikkanna Reddy and Nand Ram; Gulabchand Daulatram Agarwal and Ram Sarup Gupta distinguished.
What did the court decide?
None of the claimed interim reliefs granted; all three interim applications dismissed for want of cause of action. Directions issued instead: (a) Registration Authorities to confiscate the IGPOA dated 19 May 2010; (b) investigation of the IGPOA forgery/fraud to be pursued via the Advocate General with the matter posted monthly before the Court; (c) the two documents dated 10 December 2016 (pages 887 and 967 of Suit No.367 of 2023) to be impounded and stamp duty adjudicated under the Maharashtra Stamp Act with recovery of deficit duty, interest and penalty; (d) documents executed on the strength of the IGPOA treated as non-est; (e) ad-interim arrangement (Court Receiver) and the 17 October 2025 security-guard order continued for two weeks, failing which, if no appellate orders are obtained, the Court Receiver to stand discharged and restore possession to the party from whom possession was taken; copy of the order to be forwarded to the Advocate General and the Collector of Stamps; matters listed on 15 December 2025.