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2015 Supreme(Bom) 985

R.M.SAVANT
TEDCO Exports Pvt. Ltd. – Appellant
Versus
Suleman Chambers Co-Operative Housing Society Ltd. – Respondent


Advocate Appeared:
For the Petitioner:Mamta Sadh i/by Rahul Karnik, Advocates.
For the Respondents:R1, A.G. Damle, Senior Advocate with Bina H. Jariwala, Shivaji Haral i/by M/s. Auroma Law, R2, Tanmayee Gadre Rajadhyaksha i/by S.J. Khera, Advocates.

Judgment :

1. Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

2. The writ jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the order dated 19/09/2014 passed by the Maharashtra State Cooperative Appellate Court, Mumbai by which order the Appeal filed by the Respondent No.1 herein being Appeal No.31 of 2014 came to be allowed and resultantly the order dated 12/07/2013 passed by the Co-operative Court No.I, Mumbai in Dispute No.CC/I/1032 of 1993 dismissing the Dispute came to be set aside, and the Dispute in turn came to be allowed.

3. The facts giving rise to the filing of the above Writ Petition can be stated thus:

The Respondent No.1 is a Cooperative Housing Society and is classified as a “Tenant Copartner-ship Housing Society”. The dispute relates to Flat No.22, situated on the 3rd Floor of the building of the Respondent No.1 herein. The said flat would be herein after referred to as “the suit flat”. The Respondent No.1 herein filed the Dispute in question for seeking possession of the suit flat from the Petitioner herein on the ground that the Petitioner was in illegal occupation of the sui











































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