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2021 Supreme(Bom) 229

SANDEEP K.SHINDE
Abhanga Samata Co-op. Housing Society Ltd. – Appellant
Versus
Parag S/O. Arun Binani – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Girish Godbole, Senior Advocate, with Charul
Abuwalla and Mayank Vira I/by Dave & Co.
For the Respondent: Mr. Ashok M. Saraogi, Mr. Cyrus Ardeshir i/by Ms. Smita Sawant for the

JUDGMENT :

Heard. With consent of the learned counsel for the parties, Appeal from Order is taken up for final hearing at the admission stage.

2. At the instance of a solitary member of Abhang Samata Co-operative Housing Society Ltd., the learned trial Court vide order dated 19th March, 2021 (Impugned Order), injuncted appellant/society from proceeding with the process of re-development of its building. Appellant-society, seeks to challenge the impugned order under Section 104 read with Order 43(1)(2) of the Code of Civil Procedure, 1908 (‘CPC’ for short).

3. The facts, which have led the appellant to file the present appeal in brief are as under: The appellant is a co-operative housing society formed and registered under the provisions of the Maharashtra Co-operative Societies, Act, 1960 (“MCS Act” for short) and is owner of the land and the building which is subject matter of this appeal, i.e., property bearing CTS No.33 of 2014, Survey No. Plot-15 admeasuring about 2748.70 sq.mtrs. situated at Sunder Nagar, S.V.Road, Malad (West), Mumbai 400 064 (‘Property’ for short). Respondent No.1 (Plaintiff) is a member of the society, who came to be admitted to the membership in the year 2020

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