JUDGMENT :. Heard learned Advocate for the petitioner. None for respondents.

2. Petitioner is an auction purchaser in the auction conducted by respondent no.2 in furtherance to recovery of dues of the respondent no.3 from the respondent no. 1.

3. Admittedly, auction purchaser petitioner has been put in possession of property.

4. Respondent no.1 herein filed a Civil Suit claiming declaratory relief that the defendants are not entitled to act in furtherance to provisions of the Maharashtra Co-operative Societies Act, 1960 and consequential reliefs.

5. Petitioner and other defendants raised objection in the suit filed by the respondent no. I on the ground of bar under Section 163 and want of notice under Section 164 of the Maharashtra Co-operative Societies Act, in view of that the dispute, subject-matter, touches the business of Co-operative Society as defined under Section 91 of the Maharashtra Co-operative Societies Act.

6. The learned Trial Judge rejected the application and hence the petitioner is before this Court.

7. On perusal of impugned order, it is seen that the learned Trial Judge was impressed by the language contained in the suit, namely that the foundation of the suit w

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