Ganeshram Verma vs Krishna Kumar Tiwari
2022 Latest Caselaw 7091 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                         Second Appeal No.133 of 2022
   Gramin Sewa Sahakari Sanstha Versus Krishna Kumar Tiwari & Ors.
                             Along with
                          S.A. No.41/2022

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24/11/2022            Shri Anurag Singh, Counsel for the appellant in SA No.133/2022 &
             Shri Manoj Paranjpe, Counsel for appellant in SA No.41/2022.

                      Heard on admission.

                      Perused the judgments of both the Courts below and also
             perused the evidence adduced by the parties before the trial Court.

                      On due consideration, the appeal is admitted for hearing on the
             following substantial question of law:

                      "A. Whether the suit fled by the plaintif was maintainable
             before the Civil Court, looking to the specifc bar created under
             Section 82 of the Co-operative Societies Act, 1960?"

                      "B. Whether the suit fled by the plaintif without challenging
             the sale certifcate and the sale in favour of the defendant No.2, the
             suit fled by the plaintif was maintainable and can be decreed?"

                      "C. Whether in absence of the statutory notice under Section
             94 of the Co-operative Societies Act, the suit fled by the plaintif
             was maintainable?"

                      "D. Whether, without challenging the order of recovery passed
             under Section 64 of the Co-operative Societies Act and upheld by the
             higher authorities, the recovery proceedings can be quashed?"

                      Issue notice to the respondents on payment of process fee as per

rules.

Also heard I.A. No.1/2022, application under Order 41 Rule 5 r/w Section 151 of the Code of Civil Procedure.

Issue notice on I.A. No.1/2022 as well.

Meanwhile, purely as an interim measure, both the parties are directed to maintain the status quo of the suit property as it exists today, till the next date of hearing.

List these cases after four weeks.

Sd/-

(Arvind Singh Chandel) Judge

Prakash