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11. Defendant Nos. 1 to 5 in the earlier Suit were the very same members of Creado family through whom the Respondent now seeks to stake a claim.

12. Interestingly, on 22nd March, 2013 i.e. about 14 days from passing of the Order dated 4th March, 2013, the Respondent herein filed a Short Cause Suit No. 1664 of 2013 in the Bombay City Civil Court at Bombay ('the BCCC Suit'). The BCCC Suit was originally filed only against Shabbir Shaikh and another. The Trustees of the Trust were not made parties to the BCCC Suit by the Respondent. The Trustees intervened and were joined as Defendants in the BCCC Suit pursuant to the Order dated 8th May, 2013. The Respondent applied for ad-interim reliefs. The Application for ad-interim relief was rejected by a reasoned Order dated 14 th May, 2013. The Order dated 4th March, 2013 passed by this Court was placed before the City Civil Court. The City Civil Court held that the claim to possession of the Suit Property by Nitin 7 / 16 APPL-1872-2021 the Respondent cannot be sustained.

13. The Interim Application filed by the Respondent was dismissed. The BCCC Suit itself was dismissed by the Bombay City Civil Court by its Order dated 8 th January, 2016. The Order dated 14 th May, 2013 was not challenged by the Respondent. The Respondent has not intervened in the previous Suit filed by the Appellants. The Respondent has not assailed the Order dated 4 th March, 2013, or the possession of the Suit Property having been handed over to the Appellants by the Court Receiver. A period of 08 years has elapsed therefrom. The Respondent has stated that she has applied for restoration of the BCCC Suit in the year 2018.

14. In the BCCC Suit, the Respondent has laid a claim to land comprising of open land admeasuring 3991.6 sq. mtrs. and 1500 sq.mtrs. constructed area, being Survey No. 43, Hissa No. 1, equivalent to CTS No. 661. The Respondent has shown the status of the land as per the plan which was annexed as Exhibit-A to the Plaint in the BCCC Suit (at page 160 of Compilation-II separately tendered, hereinafter called "Plan A"). In Plan A, a road is shown as passing through the Property.

15. In paragraph 3 of the BCCC Suit (at page 203 of the Compilation), the Respondent claimed that the Creado family had executed a General Power of Attorney dated 13th July, 1978 in her favour to look after the affairs of the Suit Property. This Power of Attorney was the foundation of the Respondent's claim in the BCCC Suit. The Respondent did not make any independent claim to the title of the Suit Property.

16. As mentioned above, the Respondent filed an Affidavit-in-Reply before Nitin 8 / 16 APPL-1872-2021 the Learned Single Judge dated 9 th December, 2020. We have carefully perused the Affidavit. The Affidavit makes no reference to any Power of Attorney. In the Affidavit, the Respondent merely claimed to be in settled possession of the Suit Property since 25th May, 1979.