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2007 Supreme(Guj) 673

H.N.DEVANI
Ajay Kiritkant Ghelani – Appellant
Versus
Mathureshnagar Co-operative Housing Society Ltd. – Respondent


Advocates:
Appearance :
Mr. Dhirendra Mehta, for the Petitioner.
Mr. B. S. Patel, for the Respondents.

Judgment

Ms. H.N. Devani, J.—By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the judgment and order dated 16.02.2002 passed by the Gujarat State Co-operative Tribunal (Annexure-I) in Revision Application No. 41 of 2002 as well as order dated 22.01.2002 passed by the Board of Nominees, Surat in Lavad Case No. 376/90 (Annexure-C).

2. The facts stated briefly are that the Respondent No. 1, Mathureshnagar Co-operative Housing Society Ltd. (hereinafter referred to as the respondent Society) had instituted Lavad Suit No. 376/90 before the Board of Nominees seeking a declaration that the Petitioners No. 1 and 2 are bogus members of the society, holding and occupying Plots No. 40 and 41, respectively. The respondent Society also prayed for interim injunction restraining the petitioners from making further construction over the respective plots in the society. It appears that an ex parte injunction order was passed in favour of the respondent-society and an application Exh. 80 was filed in connection with breach of the said injunction. The orders passed on those applications were challenged by the petitioners before the Gujarat State C










































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