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2021 Supreme(Guj) 77

BIREN VAISHNAV
Yogashram Cooperative Housing Society Ltd. Part I Through Chandrakant Natwarlal Thakkar – Appellant
Versus
Ashish Kiritkumar Purani – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR RAVINDRA SHAH, Adv.
For the Respondent: MR SIDDHARTH H. DAVE, adv.

ORDER :

1. Heard learned counsel Mr. Ravindra Shah for the petitioner and Mr. Siddharth Dave, learned counsel for the respondent Nos.1 and 2 through Video Conferencing.

2. In this petition, under Article 226 of the Constitution of India, the prayers of the petitioner read as under:

    “(A) to issue a writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction commanding the respondent No.3 - State to appoint three members in the Gujarat State Cooperative Tribunal;

(B) to issue a writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction setting aside the impugned action of respondent nos.1 and 2 in making construction of Ground + Seven Floors flat type construction in sub plot 32/A of the petitioner society pursuant to the commencement letter and plan at Annexure F Colly to the petition and to permanently restrain them from doing so;

(C) pending hearing and final disposal of the petition, to restrain the respondent no.1 and 2, their agents, assigns, servants, whosoever etc from carrying on erection or execution of construction of whatsoever nature in sub plot 32/A of the petitioner society till the cross objection of

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