Bsnl Employees Co-Op. Credit ... vs Telecom Co-Op Housing Society Ltd ...
2021 Latest Caselaw 3136 Bom

                                       1            937-WP.3186-21.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     937 WRIT PETITION NO.3186 OF 2021

      BSNL EMPLOYEES CO-OP. CREDIT SOCIETY MARATHWADA
         LTD AURANGABAD THR ITS IN CHARGE MANAGER
                           VERSUS
         TELECOM CO-OP HOUSING SOCIETY LTD THR ITS
            CHAIRMAN RAMRAO JAGATRAO NIMBALKAR

                                      ...
                Advocate for Petitioner : Mr. Kale Virendra B.
              Advocate for Respondent : Mr. Abasheb D. Shinde.
                                      ...

                               CORAM :     V. K. JADHAV, J.

                               DATE :      17.02.2021

     PER COURT :-

1. The learned counsel for the petitioner submits that at

present, the Administrator is appointed to look after the affairs

of the petitioner society and the said Administrator has

authorized the Manager to file this writ petition against the

judgment and order passed by the Maharashtra State Co-

operative Appellate Court, Mumbai Bench at Aurangabad,

dated 19.01.2021 in Appeal No.16 of 2020. The learned

counsel seeks time to place on record the said authorization.

2 937-WP.3186-21.odt

2. It further appears that though the respondent herein has

filed the dispute before the Co-operative Court for declaration

that the disputant society is the owner and possessor of the

plot and further for the mandatory injunction restraining the

opponent society (petitioner herein) from alienating the

disputed plot along with the relief of recovery of possession of

disputed plot from the opponent society (petitioner herein). It

further appears that the Trial Court has not recorded any

findings about recovery of possession, however, the Appellate

Court in Clause No.4 of the operative part of the order held

that the opponent (petitioner herein), not being in need of the

suit property, shall hand over the possession of the suit plot to

the disputant within a period of two months from the date of

this judgment and the disputant is directed to refund the

amount to the opponent mentioned in paragraph No.23 of the

judgment.

3. In view of the above, issue notice to the respondent,

returnable on 17.03.2021.

3 937-WP.3186-21.odt

4. The learned counsel, Mr. Shinde waives notice for

respondent.

5. Call Record and Proceedings.

6. Till next date of hearing, the effect of Clause No.4 in the

operative part of the order, is hereby stayed.

(V. K. JADHAV, J.)

...

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