Shankar Marotrao Wasade vs Bharat Sarvajanik Gruh Nirman ...
2022 Latest Caselaw 9933 Bom

                                                     1/2                    920-WP 6040.2022

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                        WRIT PETITION NO. 6040 OF 2022
                            Shri Shankar Marotrao Wasade
                                               vs.
     Bharat Sarvajanik Gruh Nirman Sahakari Sanstha Ltd. and another
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. K. P. Mahalle, Advocate for petitioner.

                                        CORAM        :      MANISH PITALE J.
                                        DATE         :      28/09/2022

Heard learned counsel for the petitioner.

2. It is submitted that in the present case, since the respondent No.1 executed Sale Deed in favour of respondent No.2, during the operation of a specific interim order granted by the Co-operative Court in a pending dispute and in defiance of such interim order, the petitioner was constrained to amend the pleadings and raise a challenge to the said action of the respondent No.1, which resulted in the Co-operative Court accepting the contention of the petitioner and declaring that such a Sale Deed executed in defiance of the interim order was not

KOLHE 2/2 920-WP 6040.2022

binding on the petitioner and that it was void ab initio.

3. Although the appellate Court has held in favour of the petitioner on merits, only on the short ground that the Co-operative Court does not having jurisdiction to give such declaratory reliefs, the order of the Co-operative Court has been set aside.

4. The aspect as to what would be the effect of the action of respondent No.1 in defiance of an interim order passed by the Co-operative Court, according to the learned counsel for the petitioner, has not been appreciated in the correct perspective while passing the impugned judgment and order.

5. Issue notice, returnable on 10/11/2022. In the meanwhile and till the next date of listing, there shall be ad-interim relief in terms of prayer clause (3).

JUDGE

Digitally signed byRAVIKANT CHANDRAKANT KOLHE Signing Date:29.09.2022 17:46

KOLHE