1 (33)AO.419.11-AO.478.11.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO. 419 OF 2011 WITH APPEAL FROM ORDER NO.478 OF 2011 Manoj Chaurasia ...Appellant (Orig.Defdt.) Vs. Ramesh Lakhulal Chaurasia ...Respondent (Orig.Pltff.) Ms. Ankita Singhania a/w. Ms. Mrunalini Panchal, Advocates i/b. M/s. Halai & Co., for the Appellant Mr. Anil C. Singh a/w. Mr. Anil D. Yadav, i/b. Mr. D.R. Shah, Advocates for the Respondent CORAM : SMT. ROSHAN DALVI, J. DATED : 16TH AUGUST, 2011 P.C. : 1. This dispute is between two brothers Ramesh and Manoj. Ramesh has shown that he was carrying on business in the suit premises from 2005 under several licences issued by the requisite authorities. Manoj claims to be carrying on business from 1982 with his father. Ramesh claims that Manoj was 16 years old in 1982. Manoj has shown absolutely no documentary evidence showing the carrying on business by him. 2. Manoj claims to have been dispossessed. He also claims that he was partly dispossessed. The suit is essentially for recovery of possession of the premises of which he was dispossessed. The paragraph in the plaint regarding payment of court fees is completely vague and it appears that ad velorum court fees for a suit for possession is not 2 (33)AO.419.11-AO.478.11.sxw paid. The aspect of payment of Court fees can be considered in the suit. 3. Since Ramesh is prima facie seen to be in possession the interim order passed by the learned Judge upon the applications of both the brothers is seen to be correct and does not require any interference. 4. In their respective suits both the parties have filed their written statement. The learned judge shall frame issues in both the suits in accordance with his board. Parties may assist the learned Judge by producing draft issues. Once that is done the parties may file their affidavits of evidence and lead their cross examination before the Court Commissioner. It is for the learned Judge to fix the dates of hearing. 5. Accordingly Appeals from order are dismissed. 6. Civil applications also does not survive. (SMT. ROSHAN DALVI, J.)