1 Civil Appln. no. 8262.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8262 OF 2009 IN SECOND APPEAL NO. 531 OF 2007 Maulvi Meer Akbar Ali Nasri Through Power of Attorney ... Applicant V E R S U S The State of Maharashtra and another ... Respondent ... Mr. B.R.Warma,Advocate,Advocate for Applicant Mrs. V.A.More,A.G.P. for respondent ... WITH SECOND APPEAL NO. 531 OF 2007 The State of Maharashtra and another ... Appellants V E R S U S Maulvi Meer Akbar Ali Nasri Through Power of Attorney ... Respondent ... Mrs. V.A.More,A.G.P. for Appellants Mr. B.R.Warma,Advocate,Advocate for respondents ... CORAM : A.V. NIRGUDE, J. DATED : 1ST FEBRUARY, 2010 PER COURT 1] The Respondent Maulvi Meer Akbar Ali Nasri 2 Civil Appln. no. 8262.09 through his Power of Attorney Mir Nasir Mujahid Ali Nasri has made this peculiar application seeking allowing of the appeal. 2] The Facts of this case are strange. It is now established that the respondent Maulvi Meer Akbar Ali Nasri's 'impostor' had filed a suit bearing Regular Civil Suit No. 28 of 1991 in the Court of Civil Judge Junior Division Aurangabad in respect of certain piece of land situated at Osmanpura, Aurangabad against the State of Maharashtra and another. It was his case that the State of Maharashtra and other respondent tried to obstruct his possession of the suit land. The appellant opposed such suit. The suit was dismissed. As against this, again the impostor of Maulvi Meer Akbar Ali Nasri filed the Appeal bearing Regular Civil Appeal No. 353 of 1993 before the learned District Judge Aurangabad. This time the appeal was allowed and the suit was decreed. As against this, the appellant State of Maharashtra filed this appeal. 3] At this stage, the respondent Maulvi Meer Akbar Ali Nasri the real person and not the impostor learnt about this fake litigation and his impostor's actions. He made a complaint to the Police against the impostor. Thereafter, he intervened in this appeal through this Civil Application. Despite notice given to the original respondent, the impostor, none appeared. Even the 3 Civil Appln. no. 8262.09 Criminal Complaint is still pending, because the impostor is not yet found and arrested. The applicant has thus proved that the suit was not filed by him, but was filed by his impostor and through this application he stated that he had no apprehension as alleged in the litigation against the appellant-State of Maharashtra and others. 4] In view of this, the present appeal is allowed and the suit stands dismissed. The Civil Application No.11745 of 2009 for paper publication notice shall stand dismissed as withdrawn. Consequently, the Civil Application No. 8492 of 2009 stand disposed of. Sd/- (A.V. NIRGUDE, J.) MTK/ ok