Jai Ganesh Co-Operative Housing ... vs State Of Maharashtra Through The ...
2021 Latest Caselaw 12027 Bom

                                                             21.wpst.10039.2021.odt

dik
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION
      DHANAPPA
      ERAPPA
      KOSHTI                 WRIT PETITION (ST) NO. 10039 OF 2021
      Digitally signed by                    with
      DHANAPPA
      ERAPPA KOSHTI         INTERIM APPLICATION NO. 1494 OF 2021
      Date: 2021.08.27
      18:21:03 +0530                          IN
                             WRIT PETITION (st) NO. 10039 OF 2021

                Jai Ganesh Co-op.HSG Society                 ...Petitioner
                      Vs
                State of Maharashtra & Anr.                  ... Respondents


                Mr. Sandeep R. Waghmare for the Petitioner.
                Mr. J.A.Udaipuri a/w Ms. Joyce Rath i/b M/s Udiapuri and Co. for
                the applicant in IA and Respondent No.2 in W.P.
                Mr. S.H.Kankal AGP for the respondent/state.

                                      CORAM : N. J. JAMADAR, J.

DATE : 27th AUGUST, 2021

P.C. :

Heard the learned counsel for the petitioner and the

learned counsel for the respondents.

2 The petitioner has approached this Court as the

appeal preferred by the petitioner against the Judgment and

Award dated 13th February, 2019 in Case No. CC-III-41/2011,

passed by the Co-operative Court was subjudice and in view of the

situation which arose on account of Covid 19 Pandemic, the said

21.wpst.10039.2021.odt

appeal was then not being heard for interim relief.

3. By an order dated 5th May, 2021 this Court directed

the Co-operative Appellate Court to hear the petitioner and decide

the application for urgent interim relief within a period of one

week, if possible. In the meanwhile, certain interim directions

were passed by this Court.

4 Learned counsel for the petitioner submits that during

the intervening period, the Co-operative Appellate Court has

heard the matter and allowed the application for condonation of

delay in preferring the appeal and now the appeal is subjudice

before the Co-operative Appellate Court.

5 Since the substantive appeal is pending before the

Appellate Authority, there is no propriety in further entertaining

this petition.

6 Learned counsel for the respondents submits that the

petitioner deserves to be saddled with costs as this petition was

moved surreptitiously and interim orders were obtained to the

prejudice of the respondents.

7. Evidently, the petition was entertained by this Court

on account of situation which arose due to Covid-19 pandemic and

21.wpst.10039.2021.odt

the grievance of the the petitioner that he was not getting

opportunity of hearing to press for interim reliefs. In that view of

the matter, prayer for costs does not seem justifable.

8. Co-operative Appellate Court is requested to decide

the appeal as expeditiously as possible.

9 The Writ Petition is disposed of accordingly.

6. In view of disposal of the Writ Petition, nothing

survives in the Interim Application and the same also stands

disposed of.

( N. J. JAMADAR , J. )