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2012 Supreme(Bom) 1826

S.C.DHARMADHIKARI
R. P. R. Nair – Appellant
Versus
Ambaji Niketan Co-operative Housing Society Ltd. – Respondent


Advocates appeared:
Mr. P.M. SHAH with DHARMESH JAIN and MAULIN TANNA for petitioner.
Mr. V.S. KAPSE with UPENDRA MAHADIK for respondent No.1 i/b. Fast Track Legal Mr. G.S. BHAT for respondent No.2.

JUDGMENT

1. By this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the concurrent orders passed at an interlocutory stage by the Co-operative Court and the Maharashtra State Cooperative Appellate Court Mumbai. The Trial Court-in a dispute which was filed, being CCI/08/12, has passed an interlocutory order which is in the following terms:

(a) that the petitioner who is respondent No.1 shall hand over vacant and peaceful possession of the flat on the first floor of the building bearing No.21 within a period of one month from the date of the order, i.e. 21st June 2012.

(b) If the petitioner fails to hand over vacant and peaceful possession, then, the Advocate who is appointed as private receiver shall take possession from the petitioner and hand it over to the first respondent society original disputant.

(c) The petitioner was to be given 15 days advance notice by the Receiver. Thereafter the Receiver was to make a report to the Court regarding compliance. The charges of the Receiver were to be paid by the first respondent society - disputant before the trial Court.

2. Such an interlocutory order was passed below Exh.5 in the said dis















































































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