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2014 Supreme(Bom) 1596

A.B.CHAUDHARI
Gajanan Eknath Sonankar – Appellant
Versus
Shegaon Shri Agrasen CoOp. Credit Society Ltd – Respondent


Advocates Appeared:
For the Appellant:A.V. Bhide, Advocate.
For the Respondents:A.C. Dharmadhikari, Advocate.

Judgment :

1. Admit. Taken up for final disposal with the consent of learned counsel for rival parties.

2. This Second Appeal is filed by original plaintiff against the judgment and decree dated 27.03.2014 passed by District Judge1, Yavatmal in Reg. Civil Appeal No.34/2013 confirming the order below Exh.15 in Reg. Civil Suit No. 87/2012 passed by Civil Judge Jr. Dn., Shegaon on 23.08.2013 dismissing the suit filed by appellant for nonobservance of provision of section 164 of the Maharashtra Cooperative Societies Act (hereinafter referred to as “MCS Act” in short).

FACTS: 3.

The appellant-plaintiff purchased Gat No.83 admeasuring 2 Acres of Mouja Lasura Bk, Tq. Shegaon, Dist. Buldhana by registered sale deed dated 19.04.2002 from Raju Gopikisan Rathi. Before purchasing the property, he had ascertained, by all known methods, the saleable interest of the vendor. He had verified 7/12 extract when he purchased the land in the year 200102 but there was no charge mentioned in the said 7/12 extract. It, however, appears that the vendor Raju Gopikisan Rathi on 17.06.2002 i.e. after the execution of sale deed in favour of appellant, mortgaged the said property with respondent no.1Credit Coop











































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