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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
Sheikh Amin Akhtar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
AARTI SATHE, J.
1. This Letters Patent Appeal is directed against the judgment and order dated 13th June 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 dragge
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