LAWS(BOM)-2000-3-82

NAMGONDA JINGONDA PATIL Vs. APPASAHEB BAPURAO WALWEKAR

Decided On March 07, 2000
NAMGONDA JINGONDA PATIL Appellant
V/S
APPASAHEB BAPURAO WALWEKAR Respondents

JUDGEMENT

(1.) HEARD Mr. Borkar for the petitioners. Mr. Ingale appears for the respondents.

(2.) THE respondent Nos. 1 to 4 have filed a suit in the Court of Civil Judge, Junior Division at Jaysingpur for a declaration that the meetings of the respondent No. 5 Trust (an educational institution) held on 26-1-1997, 31-5-1997, 30-6-1997 and 25-12-1997 were non est and that the resolutions passed in those meetings be held to be non-enforceable and an injunction to act thereon. The petitioner herein is defendant No. 4 in that suit and in that suit specific allegations are made principally against the petitioner. It is stated in para 4 of the plaint that though respondent No. 4 herein was not well and not present in the meeting, his signatures were taken by the petitioner subsequently at various places on the resolutions. The signatures were sought from respondent No. 1 in similar manner, but he declined to sign since he had undergone an operation. The respondent Nos. 2 and 3 also have a similar grievance. It is in this context to ventilate their civil rights that they chose to file the above referred suit and in that suit sought an injunction as above.

(3.) AFTER filing of the suit, an objection to the jurisdiction of that Court was raised by the petitioner herein and the same has come to be decided in favour of respondent Nos. 1 to 4. Being aggrieved by that order passed on 14-1-2000, this revision has been filed.