HC orders probe into forged PoA, denies heirs interim relief

The Bombay High Court has refused interim protection to the legal heirs of late businessman Salim K Shaikh in a longrunning dispute over a Goregaon land parcel, even as it sharply criticised investigative agencies for failing to act on what appear to be serious document fabrication and stamp-duty violations.

- Urvi Mahajani

Justice Jitendra Jain passed the order on November 3; the detailed copy was uploaded late Monday.

The plaintiffs, Asiya and Asad Salim Shaikh, claim rights over the land as legal representatives of the nowdissolved partnership firm M/s Shaikh Constructions. They sought to restrain Romell Housing LLP and its group entities from disturbing their alleged possession and sought continuation of the Court Receiver. Three connected interim applications were heard together.

Senior advocate Predeep Sancheti argued that the Shaikhs had acquired title by adverse possession, having carried out quarrying operations since the 1970s. He relied on a December 18, 1975 agreement under which KN Shaikh is said to have taken the land on rent from one John Pereia for Rs25,000 and monthly rent of Rs300.

Court says plaintiffs failed to establish a prima facie case or show how the firm acquired the title