SHEIKH AMIN AKHTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order dtd. 13/6/2011 (hereinafter referred to as the impugned order) passed by Learned Single Judge in Writ Petition No. 1461 of 2011 disposing of the Petition filed by Appellant No. 1 on the ground that the order which was under challenge in the said Petition in no way prejudices Appellant No. 1, and hence the said Petition was not entertained with the findings made therein (which are reproduced later at the relevant paras). By the impugned order, Appellant No. 1 was directed to pursue his rights in respect of the flats in dispute, in the appropriate/competent forum and raise all contentions therein regarding his rights, title, and interest in the said flats.

(2.) This is a classic case where the rights of the legitimate/rightful owner of the flat/premises have been grabbed on account of the perpetration of illegalities on the part of Appellant No.1, which has caused extreme hardship and grave prejudice to Respondent No. 5. Respondent No. 5, who is a government employee and was rightfully entitled to Flat No. 702, and had spent his entire life savings to purchase the same has been dragged into this unfortunate litigation for the last several years only on account of the illegal and mischievous means adopted by Appellant No.1, who does not have any legal right insofar as the said flat is concerned. This to our mind is a very unfortunate situation and an abuse of the machinery of Courts which has been adopted by Appellant No.1.

(3.) Briefly the facts of the case are as follows: