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2002 Supreme(Bom) 1191

A.M.KHANWILKAR
Nishigandh Sahaniwas Co-op. Housing Society Ltd. & others – Appellant
Versus
Vithal R. Saudagar & others – Respondent


JUDGMENT - KHANWILKAR A.M., J.:---This petition under Article 227 takes exception to the order passed by the Co-operative Court No. 1 Bombay dated 19-4-2001 below application dated 1-3-2001 and dated 23-4-2001. Briefly stated S.R. Saudagar/respondent No. 2 instituted dispute under section 91 against the petitioner society being Case C.C. 1/73/90 (C.C.II/374/80). In that dispute respondent No. 2 filed an application dated 1-3-2001 for permission to withdraw the dispute. That application was opposed by respondent No. 1 contending that he has acquired interest in the suit property and, therefore, he should be joined as party to the dispute and be permitted to persue the remedy claimed in the dispute. Notably, respondent No. 1 is one of the son of respondent No. 2. Respondent No. 1 took that stand on the premise that the suit property originally belonged to respondent No. 1's father Ramnath viz. husband of respondent No. 2. After his demise in the year 1983 the suit property was transferred in the name of respondent No. 2 as nominee of original member Ramnath. He further contended that the said Ramnath has executed a Will as well as irrevocable power of attorney in his favour. Relying













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