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2007 Supreme(Bom) 966

N.V.DABHOLKAR, M.G.GAIKWAD
SANJAYKUMAR S/o AMRUTLAL SHAH – Appellant
Versus
UTTAMLAL RATILAL SHAH (DIED) – Respondent


Advocates Appeared:
P.M.SHAH, R.R.MANTRI, S.P.SHAH

M. G. GAIKWAD, J.

(1) HEARD learned counsel, appearing on behalf of respective parties.

( 2 ) LETTERS patent appeal is admitted and with the consent of learned counsel for respective parties, this matter is taken up for final hearing and disposal.

( 3 ) THIS letters patent appeal is directed against the order dated 13-03-2007 in Writ Petition No. 755/2007, whereby the learned Single Judge of this high Court summarily dismissed the writ petition by confirming the judgement of learned Member, maharashtra State Cooperative Appellate Court, Mumbai in Appeal No. 350/1994 as well as the judgement of the Cooperative Court, Jalgaon in Dispute No. 134/1989 directing present appellants to surrender peaceful possession of the suit property to the respondent No. 1 and payment of past mesne profits to the extent of Rs. 18,000/ -.( 4 ) THE subject matter in dispute is plot No. 8-B (bungalow No. 48), situated in respondent No. 2 society at Nandurbar. Present respondent No. 1 is the Chairman of respondent No. 2 Society. Original disputant No. 2 Uttamlal who was father of present respondent No. 1 was the Chairman of respondent No. 2 society in his life time. Present appellants are the legal represe






































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