USHARANI PRAHLAD BHISE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this writ petition is to the order passed by the Sessions Judge, Pune, in Criminal Revision Application No.386 of 2017 dtd. 11/8/2022 confirming judgment and order dtd. 1/4/2017 passed by the Sub-Divisional Officer under sec. 145 of the Criminal Procedure Code, 1973 (hereafter "Code", for short).

(2.) The petitioner is the applicant who had filed an application under sec. 145 of the Code on 13/7/2016 seeking delivery of possession of the property in dispute, which is a residential property bearing Flat No.8 in Building No.4 admeasuring 418 sq. ft. in Champaratna No.1 Cooperative Housing Society, Wanwadi, Pune. According to the petitioner, she executed a registered agreement to sell with Smt. Jinwal on 26/5/2003. The agreed consideration was Rs.3,10,000.00 (Rupees Three Lakh Ten Thousand Only). Towards earnest amount, Rs.10,000.00 (Rupees Ten Thousand Only) was paid. The remaining amount of Rs.3.00 lahks was to be paid within thirty days. The period to pay the amount was extended till 31/12/2004. Smt. Jinwal executed a registered mortgage deed of the property in dispute in favour of Pune Urban Cooperative Bank, Wanwadi.

(3.) Due to non-payment of the remaining consideration, the petitioner cancelled the agreement dtd. 26/5/2003 and 29/10/2004. It is alleged that Smt. Jinwal, by registered sale deed, sold the property in favour of respondent no.2. Without informing the petitioner, the electricity meter in the property in dispute was transferred in the name of respondent no.2 by forging the signature of the petitioner. Since respondent no.2 attempted to take possession, the petitioner, on 9/7/2015, filed a complaint with the concerned police station.