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2021 Supreme(Bom) 780

Z.A.HAQ, AMIT B.BORKAR
Usha Pandurang Dhabekar – Appellant
Versus
Shree Prakash Gruha Nirman Sahakari – Respondent


Advocates appeared:
Mr. R. L. Khapre, Senior Advocate A/W. Mr. R. G. Kavinandan, Advocate, for the Appellant / Mr. R. R. Vyas, Advocate, Mr. R. S. Parsodkar, Advocate, for the Respondent.

JUDGMENT

Amit B. Borkar, J. - Invoking Clause 15 of the Letters Patent, the appellant has taken exception to the judgment passed by the learned Single Judge on 08.10.2008 in Writ Petition No. 2429/2007, thereby confirming the judgments passed by the Courts below refusing to grant declaration of the sale deed executed by the respondent no. 1-Society in favour of the respondent no. 2 be declared as void and also refusing to direct the respondent no. 1-Society to execute sale deed in respect of Plot No. 1 in favour of the appellant.

2. In order to appreciate the grievance of appellant, it will be necessary to have a glance at a few introductory facts:-

The appellant, who is original disputant, had filed Dispute bearing no. 612/1996 before the Co-operative Court, Nagpur under Section 91 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the said Act") seeking reliefs of declaration of sale deed executed by the respondent no. 1-Society in favour of the respondent no. 2 as null and void and without authority; direction to the respondent no. 1-Society to execute sale deed in respect of Plot No. 1, admeasuring 50 feet x 100 feet at Somalwada, Layout No. 3, Khasra

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