Interim Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 150 SW 2022 Vijaylaxmi Vs Ramesh
CNR No.MHMM18-011635-2022
FURTHER ORDER BELOW EXH.1
1. Perused record and verification of the complainant. Heard Ld.
Advocate for the complainant.
2. It is the case of the complainant that she is niece of Miss. Leela
Govind Menon, who owned and occupied property i.e. bunglow situated
at Water Field Road, Bandra West, Mumbai. It is two storied building.
Miss. Leela Menon, rented the ground floor to respondent for running his
jewellery shop. She executed will in favour of applicant and bequeathed
said property in favour of applicant. Miss Leela Menon, died on
26.02.2022. During her life time the respondent served a letter on her on
11.08.2015, and claimed she executed M.O.U. on 24.07.2005, in favour
of respondent and agreed to sell it to respondent. During her lifetime she
objected to it. It is also contended that some proceedings in the Civil
Court, are also going on. It is contended that said document is forged and
taking advantage of this forgery accused are attempting to grab the above
referred property.
3. The verification and all the documents produced particularly the
copy of disputed M.O.U. and the proceeding pending before Civil Court
supports the allegations. Specific query was made to Ld. Advocate
whether the expert evidence to draw the inference of prima facie case of
forgery is necessary at this stage of issuance of process. Ld. Advocate
drawn attention towards the pleadings and contents of the disputed
document and submitted that it is enough to draw the inference of prima
facie case. The additional evidence required can be brought on record
during trial.
4. The explanation forwarded is acceptable. The contents of the
complaint, verification and other material produced is enough to draw the
inference that accused has committed forgery. Therefore, order -
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C. C. No. 150 SW 2022 Vijaylaxmi Vs Ramesh
CNR No.MHMM18-011635-2022
ORDER
Issue process against accused for offence punishable under Sections 420,
465, 467 and 471 of Indian Penal Code.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 04.11.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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