Full Order Text
Order 2 · 04 Nov 2023 · CNR MHMM180116352022
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 - -- 1 of 2 -- 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 -- 2 of 2 --