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Sahakari Nagar Happy Home Co-operative Housing Society Ltd. – Appellant
Versus
J. G. Sharma – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The case involves the Sahakari Nagar Happy Home Co-operative Housing Society Ltd. versus J.G. Sharma before the Bombay High Court.
  • The legal references include provisions from the Civil Procedure Code and the Maharashtra Co-operative Societies Act, specifically Sections 95(5) and 91, as well as Order 39, Rule 1 of the Civil Procedure Code (!) .
  • The matter pertains to an interim injunction that was initially granted but later vacated by the trial court.
  • The dispute involves ongoing construction work related to putting side walls to an existing gallery.
  • The interlocutory relief remains pending the hearing and final disposal of the dispute.
  • The non-joinder of necessary parties does not materially affect the case.
  • The court set aside the impugned judgment and order of the trial court, and a new order was issued.
  • The new order prohibits any of the respondents or their representatives from carrying out further construction work.
  • The respondents are also restrained from transferring, assigning, leasing, creating charges or mortgages, or otherwise parting with possession of the relevant tenements during the pendency of the dispute.
  • The trial court is directed to expedite the disposal of the matter (!) .

Please let me know if you need further analysis or assistance.


Sahakari Nagar Happy Home Co-operative Housing Society Ltd. VS J. G. Sharma
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