LAWS(BOM)-1982-4-44

KHANDESH COLLEGE EDUCATION SOCIETY Vs. GANESH LETU BHIRUD

Decided On April 20, 1982
KHANDESH COLLEGE EDUCATION SOCIETY, JALGAON Appellant
V/S
GANESH LETU BHIRUD Respondents

JUDGEMENT

(1.) This writ petition is filed against a mere finding recorded by the learned Civil Judge (S. D.), Jalgaon on preliminary issues tried and decided by the learned Judge in the suit filed by the present respondent 1. As will be presently pointed out, the contention of the petitioner turns out to be highly inequitous and the filing of the writ petition has unnecessarily delayed the suit. In fact, it can be said that the petition should never have been filed at all and that the only object of the petitioner in filing the petition is to cause delay and harassment to respondent/plaintiff by recourse to unwarranted proceedings and by raising untenable contentions probably because his defence to the main question was weak.

(2.) The facts relevant for the purpose of the main question are, really speaking, extremely few. These facts are as follows :

(3.) Mr. Divekar also insisted upon giving further facts and particulars relating to the litigation contending that these facts and particulars have some relevance to the question falling for the court's consideration. I may as well state those facts and particulars with as much precision as the one with which they were stated by Mr.Divekar.