Case Note & Summary
The Letters Patent Appeal was filed against the Single Judge's order, which disposed of the petition on grounds that the challenged order did not prejudice Appellant No. 1 and directed him to pursue his rights regarding flats in dispute in competent forum. The Division Bench dismissed the appeal, finding it to be an abuse of court process. The Court held that Appellant No. 1 had no legal right to Flat and had caused extreme hardship to Respondent No. 5, who was the rightful owner. The Bench emphasized that disputes regarding rights, title, and interest in property should be adjudicated in appropriate forums through proper legal proceedings rather than writ petitions.
Headnote
The Single Judge had disposed of the writ petition on the ground that the order under challenge did not prejudice Appellant No. 1 and directed him to pursue his rights regarding flats in dispute in appropriate forum -- The Division Bench found the appeal to be an abuse of court process as Appellant No. 1 had no legal right to Flat No. 702 and had caused hardship to Respondent No. 5, the rightful owner -- The Court emphasized that title disputes should be adjudicated in competent forums, not through writ petitions -- The judgment was reserved on 9th January 2026 and pronounced on 11th February 2026
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Issue of Consideration: The Issue of whether the Single Judge's order disposing of the writ petition on grounds of no prejudice to Appellant No. 1 and directing pursuit of rights in competent forum was correct and whether the appeal constitutes an abuse of court process
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Final Decision
The Division Bench dismissed the Letters Patent Appeal, upholding the Single Judge's order and finding the appeal to be an abuse of court process
