Bombay HC Orders Immediate Eviction In 29-Year-Old Jogeshwari Property Dispute; Slams Forged Documents, Imposes ₹2 Lakh Fine

Mumbai: After nearly three decades of litigation, the Bombay High Court has brought closure to a tenancy dispute, ordering immediate possession of a Jogeshwari property in favour of the original plaintiff, Gyan Prakash Shukla.

Justice Madhav Jamdar, on April 9, dismissed an application filed by Ballam Trifla Singh, son of the original judgment debtor, who sought to obstruct execution of an eviction decree passed in 2016. The court found that Singh had relied on “manipulated and fabricated documents” and imposed a cost of Rs 2 lakh for abuse of court process.

The dispute dates back to 1996 when Shukla filed a suit for eviction of tenants at Hotel Linkway for default and subletting. He secured a decree in 2016, but Singh, through his advocate Ranjit Thorat, initiated obstructionist proceedings, claiming ownership based on a 1990 sale deed.

Justice Jamdar rejected the claim, concurring with lower courts that the deed was suspicious and untrustworthy. Discrepancies in the document included mismatched CTS numbers between the original and photocopy, and contradictory statements made by Singh in an affidavit submitted to the BMC in 1996, which cited a different purchase date and vendor.

Shukla’s counsel, Advocate Anand Pande, argued that the 1990 deed was “unstamped and unregistered” and carried no legal weight. He further submitted that the alleged vendor lacked valid title to the property.

“The entire case of the applicant is false,” the court held, adding that Singh had produced forged documents and misused legal proceedings to delay enforcement of the decree.

The court also condemned attempts to stall the matter with last-minute adjournment requests made by Advocate Vijay Kurle, who appeared for Singh. Justice Jamdar directed the Bar Council of Maharashtra and Goa to conduct an appropriate inquiry into Kurle’s conduct.

Justice Jamdar quoted the Privy Council's century-old lament that “the difficulties of the litigants in India indeed begin when they have obtained a decree”, noting that although Shukla secured an eviction decree in 2016, execution had been delayed by another eight years due to obstructionist tactics.

The court has also appointed the Court Receiver with full powers under the Code of Civil Procedure, authorizing them to take "forcible possession... immediately... by breaking open the lock, if found in locked condition with the help of local police officials forthwith."

State’s advocate RS Tendulkar assured the HC of providing police protection to the court receiver at the time of implementation of the court order.