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1996 Supreme(Bom) 342

V.S.SIRPURKAR
Usha w/o Pandurang Dhabekar – Appellant
Versus
Prakash Sahakari Griha Nirman Sanstha and another – Respondent


JUDGMENT- V.S. SIRPURKAR, J. :---Correctness of the order passed by the Executing Court under section 151 of the Civil Procedure Code, directing the restoration of possession of the suit plot in favour of non-applicant No. 2 Vijay Vithalrao Joshi, is challenged in this Civil Revision Application. The following facts will highlight the controversy.

2.Applicant Usha Pandurang Dhabekar filed a dispute before the Judge, Co-operative Court, Nagpur, against non-applicant No. 1 Prakash Sahakari Griha Nirman Sanstha (hereinafter called 'the Society' for the sake of brevity) and others, for a declaration that the applicant/disputant was entitled for allotment of a plot admeasuring 50' x 100' in its Somalwada Layout No. 3, Khasra No. 152/2. The disputant's further request was to permanently restrain the Society from transferring or alienating one plot, admeasuring 50' x 100', from its Somalwada Layout No. 3, Khasra No. 152/2. Her further case was that she had deposited the total amount of Rs. 9,241/- from time to time for the allotment of a plot admeasuring 50' x 100' from Somalwada Layout No. 3 in her capacity as a member of the said Society. She pointed out that the opponents had, by their

































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