MGJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION L.P.A. No.34 of 2007 with Civil Application No.28 of 2007 The President Shradha Shikshan Sanstha ..Appellant vs. Shri Vithal Krishna Sutar and another ...Respondents Shri R.S.Apte i/b Shri A.A.Garge for appellant. Shri S.A.Rajshirke for respondent no.1. CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & R.S.MOHITE JJ. R.S.MOHITE JJ. R.S.MOHITE JJ. 14th March 2007 14th March 2007 14th March 2007 P.C. P.C. P.C. 1. Heard. 2. Perused the order passed by the learned single Judge. We have also perused the copy of resignation dated 26th July, 2000 which shows that respondent no.1 has tendered resignation of the post of acting Head Master. Apart from that the original resignation letter has not been produced on record by the management. There is concurrent finding of facts recorded by the school tribunal as also the learned single Judge that the resignation -2- of the post of Asstt.Teacher was not given. No point of law is involved in the present matter. If factually the resignation was not tendered it is improper to say that the resignation has been tendered. Therefore, taking into consideration the facts as have been found by the school tribunal and the learned single Judge we refrain to entertain the L.P.A. L.P.A. is rejected. 3. In view of rejection of the L.P.A. civil application does not survive and hence rejected. (R.S.MOHITE J.) (S.B.MHASE J.) (R.S.MOHITE J.) (S.B.MHASE J.) (R.S.MOHITE J.) (S.B.MHASE J.)