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2023 Supreme(Bom) 1235

KISHORE C. SANT
Vinayak Adarsha Co-operative Housing Society Ltd. – Appellant
Versus
Indumati Laxminarayan Wadkar – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.S. Thombre.
For the Respondents:Mr. P.R. Katneshwarkar, Advocate h/f Mr. Ganesh V. Sukale, Mr. K.B. Jadhavar, AGP.

JUDGMENT :

Rule. Rule made returnable forthwith. By consent of the parties taken up for final disposal.

2. This petition is by Co-operative Housing Society against its members. A challenge is raised to the judgment and order passed by the Divisional Joint Registrar dated 25.05.2018 in Revision Application No. 11/2017. By the impugned order the Divisional Joint Registrar has confirmed the order passed by respondent No. 3 dated 11.01.2017. The respondent No. 3 had passed an order in favour of respondent Nos. 1 and 2 thereby allowed to raise construction of flatted building on a plot allotted to them.

3. The facts in short are that, the petitioner – society is a Housing Society having registration No. 161/67. The society purchased a land and divided the same in plots for its members. For the purpose of smooth running and conduct of the business of the society, it has its own bye-laws. The respondent Nos. 1 and 2 are the transferees of one of the plots bearing plot No. 13 as the original allottee of plot No. 13 resigned from his membership and executed sale deed/lease deed dated 26.11

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