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2010 Supreme(Bom) 1750

NARESH H.PATIL, SHRIHARI P.DAVARE
Smt. Laxmibai – Appellant
Versus
Jalgaon Merchant Co-operative Bank – Respondent


Advocates appeared:
For the Appellant:Shri Dhananjay B. Thoke, Advocate.
For the Respondent:R1 to R4 - Shri V.D. Sapkal, Advocate, holding for Shri D.D. Pokhrankar, Advocate.

JUDGMENT :

Shrihari P. Davare, J.

1. Rule. Rule made returnable forthwith and with the consent of learned counsel for the parties, taken up for final hearing at the admission stage itself.

2. Heard learned Counsel for the respective parties.

3. The challenge in this Letters Patent Appeal is to the judgment and order passed by the learned Single Judge of this Court in Writ Petition No. 2337 of 2010, on 18.10.2010, thereby allowing the said writ petition, resulting into quashing and setting aside the order dated 11.8.2008 passed by the Cooperative Court, Jalgaon, below Exhibit 30 in Dispute No.1057 of 2007, restraining the opponents therein from putting the property in dispute for sale, and also resulting into setting aside the judgment and order dated 15.11.2008 passed by the learned Member, Maharashtra State Cooperative Appellate Court, Mumbai, Bench at Aurangabad, in Appeal No. 169 of 2008, thereby dismissing the said appeal.

4. Respondent No.1 herein is the Cooperative Bank and the appellant herein is alleged to be the guarantor to the loan advanced by the said Bank to her close relatives i.e. the parties named in the Writ Petition. Respondent No.1 bank has assailed the order pas





















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