ZAMIR ALI KHAN Vs. MOHAMMED UMAR KHA

JUDGEMENT

(1.) Both the Appeals challenge the common order passed in Notice of Motion No.1729 of 2024, Notice of Motion No.1761 of 2024 and Notice of Motion No.3803 of 2024 in S.C. Suit No.4902 of 2024 and order below Exhibit 1 in S.C. Suit No.624 of 2024 by which S.C. Suit No.4902 of 2024 came to be decreed and S.C. Suit No.624 of 2024 was dismissed. Common submissions were advanced and the Appeals are being disposed of by this common judgment.

(2.) The present Appellant is the Defendant No.2 in S.C.Suit No.4902 of 2024 and Plaintiff in S.C. Suit No.624 of 2024. S.C.Suit No.4902 of 2024 was instituted by the Respondent Nos.1 and 2 interalia for a declaration that the Appellant is a rank trespasser in respect of Flat No.2002, 20th Floor, admeasuring 68.30 sqr.mtrs. in building known as "Yasmin Towers" situated at Sane Guruji Marg, Jacob Circle, Byculla, Mumbai - 400 011 and for direction to vacate and handover the peaceful possession of the suit premises and permanent injunction.

(3.) S.C.Suit No.624 of 2024 was instituted by the present Appellant seeking permanent injunction restraining the Respondents herein from forcibly dispossessing the Plaintiff from the suit premises without following due process of law.