ROHIT S/O. PRAMOD Vs. PRAMOD JAYAWANT CHAVAN

JUDGEMENT

(1.) This appeal is filed challenging an order dtd. 28/6/2007 whereby Suit No.3325 of 2005 was dismissed by the learned Single Judge on the ground that filing of such suit amounts to abusing the process of law.

(2.) The appellants were the original plaintiffs in Suit No.3325 of 2005. The said suit was filed by the guardian since the original plaintiffs were minors. The suit was filed for declaration that the plaintiffs be declared as co-owners of the suit property to the extent of their shares along with defendant nos.1 to 7 and further declared that the original defendants nos.8 to 15 are not entitled to attach or sale the suit property in the proceedings arising out of loan borrowed by the original defendant no.1.

(3.) After the suit was instituted, the original plaintiffs filed a notice of motion seeking interim relief. The said notice of motion was numbered as '3907 of 2005.' At the hearing of the said motion, the learned Single Judge observed that the plaintiffs do not have any right, title or interest in the suit property and the suit has been filed only to delay the recovery of loan taken by defendant no.1 thereby abusing the process of law and, therefore, dismissed the suit itself.