VALLABHADAS VITHALDAS Vs. MAHANT P KRISHNANANDGIRI GOSWAMY

JUDGEMENT

(1.) Both these writ petitions arise out of the same suit filed by the plaintiff, who is the contesting respondent before me. Hence they are being disposed off by this common judgment. What follows is the chronological statement of fact. Wherever there is some dispute about the fact, but I find the same to be fairly established, I will give an indication in that behalf at the appropriate place.

(2.) For the sake of convenience, the fact will be stated with reference to Special Civil Application No. 102/73 and the parties will be referred to with reference to their description in the trial Court, that is to say, as plaintiff, defendant No. 1 etc.,

(3.) There is no dispute before me that even defendant No. 2 had filed writ petition in Special Civil Application No. 2235/1972 in this Court and it appears that writ petition was earlier in time. The said writ petition was summarily rejected by this Court on 13-11-1972. Thereafter the present two writ petitions were filed and rule was issued by this Court in respect of the same and the execution of the decree passed by the courts below was stayed. It was stated before me by the learned Advocate that against the order passed by this Court on 13-11-1972 dismissing defendant No. 2s writ petition summarily, a special leave petition was filed by him in the Supreme Court and Special Leave has been granted by the Supreme Court, to file an appeal against the said order of summary dismissal. I am informed that the appeal in question has not yet been decided by the Supreme Court. I may, however, state here that none of the parties have any objections to these petitions being heard and to decide by me in spite of the pendency of the appeal is the Supreme Court filed by defendant No. 2.