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2003 Supreme(Bom) 939

R.M.S.KHANDEPARKAR
Virendra Bhanji Rathod & others – Appellant
Versus
Anand Vihar Co-operative Housing Society Limited & others – Respondent


JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard the learned Advocates for the parties.

2. The petitioners challenge the judgment and order dated 13-11-2000, passed by the revisional authority, namely the Secretary (Co-operation) as well as the judgment and order dated 2-5-1997 passed by the Divisional Joint Registrar, Co-operative Societies in Revision Application No. 217 of 1996. The contention of the petitioners is that in view of the order dated 10-10-2000 in Writ Petition No. 4 of 2000, passed by the Division Bench of this Court, the revisional authority, namely the Secretary (Co-operation) was entitled to entertain the revision application at the instance of the petitioners and having not done so, has illegally refused to exercise his jurisdiction. On merits, it is the contention of the petitioners that in view of the fact that the respondent-society had not followed the prescribed procedure to terminate the rights of the heirs or the legal representatives of the original member, namely, late B.N. Rathod, and the only objection which was raised against the application filed by the petitioners was non-availability of the plot, there was no justification for the revisional authority























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