MAHATMA GANDHI NAGAR, SHAIKH SAJAN ALIAS SHAIKH HOHAMED SHAHJAHAN, MOHAMMED MANSOOR MUILA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these appeals involve common question of facts and, the advocates are same and the respondents are also same. Therefore, I heard the advocates jointly and I am passing this common order.

(2.) All the three appellants have filed suits before the City Civil Court claiming identical relief, for example, relief claimed by the appellant in Appeal Mo. 976 of 2002 was for declaration that the deportation of the plaintiff on the earlier occasion dated 31.12.1996 is illegal, void and of no effect; and for permanent injunction restraining the 1st defendants from deporting the plaintiffs out of india. The 1st defendant in that suit was The state of Maharashtra and the 2nd defendant was the Union of India. They are the respondents in these appeals. The contentions of the plaintiffs that they are the citizens of India and they cannot be deported were negatived by the trial court. Therefore, these appeals.

(3.) Counsel for the appellants contended that the appellants have filed number of documents on record as per List of Documents on record page 56 of Appeal No. 976 of 2002. Similar documents have been relied upon by the other appellants in support of their contentions. None of these documents shows that the plaintiffs have any proof that they were born in India. Though the plaintiffs have pleaded that they were born in india in the plaint, the pleadings are absolutely vague, that no particulars as to how and where their parents were residing, whether their parents are the residents of India and they are the citizens of India and, a bald statement that the plaintiffs were born in India is made. But, however, it does not get support from any document showing that the plaintiffs were born in india.