JUDGMENT - M.F. SALDANHA, J.:—Will this Court turn a Nelson's eye to a class of litigation that is unnecessarily throttling the functioning of the justice dispensation system which itself is groaning under unbearable arrears and virtually gasping for breath? For too long has it been the order of the day in and around the city of Bombay, particularly for persons in unjustified occupation of premises, to litigate virtually for decades together and use this time period as an umbrella for continuation of such illegal activities. Pendency of a litigations, based on such claims invariably couched in a veneer of profoundness, are used as the justification for such wrongful retention of the premises, thereby defeating the possessory rights of the owner. In the process, it is the courts at whom an accusing finger is pointed as the institutions that have permitted this state of affairs to flourish. The modus operandi, invariably, is the institution of one or more litigations and the filing of appeals therefrom, or the starting of parallel proceedings when one of them has failed. The present petition before me is an even more classic illustration of how judicial process is sought to be used

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