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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
AJIT B.KADETHANKAR
Kalika Nagri Sahakari Patsanstha Maryadit – Appellant
Versus
Vitthal Marayan Lakhpati R/o. Shri Roop Bangla – Respondent
JUDGMENT (Per Court) :-
AJIT B. KADETHANKAR, J.
1. Feeling aggrieved by an order dated 29.06.2024 passed by the ld.Civil Judge Senior Division, Ahmednagar in Regular Civil Suit No.157 of 2024 below Exhibit-15 whereby petitioner’s application under Order VII, Rule 11-d of CIVIL PROCEDURE CODE has been turned down, the defendant No.2 has preferred present Civil Revision Application. The petitioner, inter alia prays for rejection of the plaint.
Parties are referred to their factual status for the sake of convenience.
Core issues involved:
(i) While Section 163 of the Maharashtra Co operative Societies Act bars any challenge in Civil Court against any Orders, Decisions, Awards passed in accordance with the Maharashtra Co Operative Societies Act 1960, Challenge to an Attachment Order and Auction Proceeding conducted in recovery proceedings under ‘MCS’ Act in a Civil Suit is absolutely barred.
(ii) Where in a suit containing multiplier prayers, ‘due to some prayer seeking predominant relief’ suit is expressly barred by any Law; Order VII Rule 11 of CPC for rejection of plaint can be invoked if balance prayer also expressly arises out of the same cause of action i.e. not on any different/se
Jurisdiction of civil courts is barred in challenging cooperative society actions under the Maharashtra Co-operative Societies Act without prior notice as required by law.
The main legal point established in the judgment is the application of statutory provisions related to deemed conveyance and mandatory notice requirements under the Maharashtra Ownership Flats Act, 1....
Point of law : If a suit is instituted before a Civil Court against a co-operative society touching the business of the Society, then notice under Section 167 of the Act is mandatory.
The main legal point established in the judgment is the interpretation and application of Rule 107 (11) (d-1) of the Maharashtra Cooperative Societies Rules, 1961 in the context of upset price fixati....
Decrees against societies must adhere to statutory requirements for valid legal representation; non-compliance renders the decree inexecutable.
Section 9 of Code of Civil Procedure, Civil Court is vested jurisdiction to adjudicate all suits of civil nature. Exclusion of jurisdiction of Civil Court to adjudicate suit of civil nature is an exc....
The court ruled that a decree against a Society is inexecutable due to non-compliance with mandatory representation provisions, and strict adherence to procedural rules under CPC is necessary for exe....
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