1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. LETTERS PATENT APPEAL NO. 339 OF 2008 Ramdas Krishnarao Sarode .vs. Smt. Nirmala wd/o Shamrao Nandanwar ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. Mr. A.M. Ghare, Advocate for appellant, CORAM: K. J. ROHEE & PRASANNA B. VARALE, JJ. DATED: OCTOBER 21, 2008. 1. Heard the learned Counsel for the appellant. 2. It is not disputed by the appellant that the husband of the respondent was occupying the suit premises as his tenant. The case of the appellant is that the husband of the respondent vacated the shop premises on 7.10.2006. Soon thereafter, i.e. on 23.10.2006 the husband of the respondent expired. Thereafter the suit came to be filed by the respondent and her sons in which interim mandatory injunction was granted in favour of the respondent directing the appellant to hand over possession of the suit premises back to the respondent. 3. The trial Court, i.e. 4th Joint Civil Judge, Senior Division, Akola, the appellate Court, namely, Ad-hoc District Judge-I, Akola as well as the learned Single Judge found that the appellant has failed to produce any document regarding voluntary surrender of the shop premises by the husband of the respondent in favour of the appellant on 7.10.2006. It appears improbable that the husband of the respondent would orally deliver possession of the suit 2 premises to the appellant, though there may not be any such legal requirement to obtain possession receipt. 4. We do not find any substance in the present appeal. The same is, therefore, dismissed. JUDGE JUDGE. J.