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Bombay High Court

TARANNUM BEGUMversusISMAIL ABDULLAH SHAIKH

Decided
Disposal
Disposed Off

Holding

The appellate court upheld the trial court's interim order dismissing the appellant's notice of motion, finding no error in the trial court's determination.

Summary

The appellant filed a suit for specific performance of a sale agreement dated 14 October 2020, seeking to restrain the respondent from dispossessing her of Flat No. 306. The respondent contended that the agreement was forged and that he could not have signed it because he was hospitalized for COVID‑19 from 7 to 21 October 2020. The trial court, relying on the respondent's medical report, held that the agreement was not executed by him and dismissed the appellant's interim relief application. On appeal, the appellant argued that the agreement bore the signatures of other parties and that the hospital certificate was fabricated, and she sought to rely on documents obtained later under the Right to Information Act, 2005. The appellate court found that the trial court had correctly applied the material before it, that the appellant had not shown any infirmity in the interim order, and that new evidence could be led at the final trial. Consequently, the appeal against the interim order was dismissed without costs.

Issues considered

  • Whether the Agreement for Sale dated 14 October 2020 was validly executed by the respondent.
  • Whether the respondent's medical report showing quarantine precludes his execution of the agreement.
  • Whether the trial court erred in dismissing the appellant's interim application for specific performance and injunction.
  • Whether documents obtained after the impugned order can be considered on appeal.

Legislation cited

Subjects

  • specific performance
  • agreement for sale
  • forgery
  • interim relief
  • medical report
  • COVID‑19 quarantine
  • burden of proof
  • appellate jurisdiction

Judgment

                                                                                                                   905-AO-792-2024+
                                                                                             Tarannum Begum vs. Ismail Abdullah Shaikh


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                         APPEAL FROM ORDER NO. 792 OF 2024
                                                       WITH
                                       INTERIM APPLICATION NO. 14578 OF 2024
                                                        IN
                                         APPEAL FROM ORDER NO. 792 OF 2024

                      Tarannum Begum                                                                  ...Appellant
                                  V/s.
                      Ismail Abdullah Shaikh                             ...Respondent
                                       ______________________________________

                      Ms. Kranti Anand (Through VC) a/w Mr. Kush Gala & Mr. Afsar Ansari, for
                      the Appellant.
                      Mr. Abuzaid Javed Iraqui, for the Respondent.
                                     _______________________________________

                                                       CORAM : FARHAN P. DUBASH, J.

                                                       DATE                 : 28th APRIL 2026.
                      P.C.:

                      1.      The present Appeal impugns an order dated 9th August 2024 passed by

                      the Trial Court in Notice of Motion No. 2293 of 2024 (impugned order). By

                      this impugned order, the Trial Court has dismissed the said Notice of Motion

                      preferred by the Appellant/Original Plaintiff, who has sought to restrain the

                      Respondent from dispossessing and alienating the suit property.


                      2.      The Appellant has filed the Suit in the Trial Court seeking specific

                      performance of an Agreement for Sale dated 14 th October 2020. Under this

                      Agreement for Sale, the Respondent is stated to have entered into a contract

                      to sell the suit property viz. Flat No. 306 situated on the 3 rd Floor of Building
AMOL
PREMNATH
JADHAV                No. 6 in Pawan Baug CHS, Chincholi Road, Malad (West), Mumbai-400 064,
Digitally signed by                                              Page 1 of 4
AMOL PREMNATH
JADHAV                                               -------------------------------------
Date: 2026.05.06                                       Order dated 28th April 2026.
14:27:14 +0530
                                                                                               905-AO-792-2024+
                                                                         Tarannum Begum vs. Ismail Abdullah Shaikh


with the Appellant for consideration of Rs. 30,00,000/-.


3.    A perusal of this Agreement for Sale reveals that the entire

consideration of Rs. 30,00,000/- was paid in cash to the Respondent that too,

prior to the execution of the Agreement for Sale.                                  The Appellant then

contends that notwithstanding this Agreement for Sale, the Respondent did

not appear for the registration thereof and instead demanded further

consideration, a part of which was paid by her. In these circumstances, the

Appellant has approached the Trial Court seeking protective reliefs and to

restrain the Respondent from dispossessing her from the suit property.


4.    In response, the Respondent contends that the Agreement for Sale is a

forged and fabricated agreement, which has not been executed by him on

14th October 2020. To corroborate this, the Respondent relied on Medical

Reports (Discharge Summary) issued by the Seven Hills Dedicated Covid

Hospital (DCH), Andheri (West), Mumbai-400 059, which shows that he was

suffering from coronavirus at that time and was admitted in the said hospital

on 7th October 2020 and was discharged therefrom only on 21 st October

2020. The Respondent therefore submits that he could never have executed

the Agreement for Sale on 14th October 2020 since he was under quarantine

during the entire said period.


5.    A perusal of the impugned order reveals that the Trial Court has

considered these submissions made by the parties and has prima facie found

favour with the case advanced by the Respondent that the Agreement for
                                             Page 2 of 4
                                 -------------------------------------
                                   Order dated 28th April 2026.
                                                                                            905-AO-792-2024+
                                                                      Tarannum Begum vs. Ismail Abdullah Shaikh


Sale was not executed by him, since he was in quarantine in the said hospital

during that period. The Trial Court has also recorded a finding that the

Appellant has failed to make out any prima facie case. The Trial Court has

recorded a further finding that since the Appellant had approached the Court

with a false case, she is not entitled to any reliefs and on that basis,

dismissed the Notice of Motion preferred by her.


6.    Ms. Kranti Anand, learned Counsel who appears for the Appellant is at

pains to point out that the Trial Court has not considered the fact that

besides the signature of the Respondent on the Agreement for Sale, several

other persons have also signed it and there is no finding recorded in that

regard that the same was not signed by the said persons.                                     She further

submits that the hospital certificate that is produced by the Respondent and

which was accepted by the Trial Court, is forged and fabricated since there is

no such hospital at the address mentioned in the said Certificate. She seeks

to rely upon subsequent documentation, which she states has been obtained

by her client pursuant to an application made under the Right to Information

Act, 2005.   However, this documentation was obtained by her only after

passing of the impugned order and therefore was not placed before the Trial

Court. As a result, it was not considered in the impugned order. In this

background, she is not in a position to satisfy this Court that such new

material/documents, etc. can be considered by this Court in the present

Appeal when the same was not considered by the Trial Court at the time of

                                          Page 3 of 4
                              -------------------------------------
                                Order dated 28th April 2026.
                                                                                                905-AO-792-2024+
                                                                          Tarannum Begum vs. Ismail Abdullah Shaikh


passing the impugned order.


7.          Prima facie, from the documents that were available before the Trial

Court, it has arrived at a correct finding that the Agreement for Sale appears

to be a fabricated document upon accepting the Medical Reports produced

by the Defendant. In such circumstances, once this finding was given, to my

mind, the Appellant’s contention that the Trial court has failed to take notice

of the fact that the Agreement for Sale also bears signature of Attesting

Witness/es and/or record any finding thereon loses significance.


8.          The Appellant is not in a position to point out any infirmity in the

impugned order.           The impugned order is an interim order and the

observations made therein will not bind the Trial Court at the final hearing.

The Appellant will always be at liberty to lead evidence in support and prove

the correctness of the contentions that are raised by her at the interim stage

even though the same have not been accepted in the impugned order. She

would also be entitled to seek liberty and rely on these new documents

which she states to have recently obtained. Accordingly, Appeal From Order

No. 792 of 2024 is dismissed with no order as to costs.


9.          All pending Interim Applications stand disposed of in terms of this

order and interim orders, if any, stand vacated.




                                                               ( FARHAN P. DUBASH, J. )
Gitalaxmi


                                              Page 4 of 4
                                  -------------------------------------
                                    Order dated 28th April 2026.


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