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1990 Supreme(MP) 428

A.G.QURESHI, V.S.KOKJE
MADHAVRAO – Appellant
Versus
9th ADDL. JUDGE TO THE COURT OF THE DISTRICT JUDGE, INDORE – Respondent


Advocates Appeared:
A.K.SETHI, K.L.Sethi, Rajendra Sugandhi, T.N.SINGH, U.N.Nimgaonkar, V.K.Zelawat

V. P. KOKJE, J.

( 1 ) THIS is a petition under Article 227 of the Constitution of India, challenging the order dated 1 12-1989 of the 9th Additional judge to the Court of the District Judge, Indore passed in Civil Revision No. 48/89, whereby he has held that the Civil Courts have no jurisdiction to entertain the suit from which the revision arose because of bar of Section 64 and Section 82 of the M. P. Co-operative Societies Act, 1960. On 12-12-89 a show cause notice was ordered to be issued to the respondents in this case, calling upon them to show cause as to why the petition be not admitted for its final hearing. Later on after reply to the show cause notice was filed, the parties agreed that the case be disposed of on hearing arguments of parties at the admission stage itself. Accordingly, the case was finally heard on 30th September, 1990.

( 2 ) SHRI K. L. Sethi the learned counsel for the petitioner submitted that the dispute was cognisable by the Civil Courts because it was mainly a dispute between the petitioner and respondents Nos. 3 and 4, who are the chief Executive Officer, Indore Development Authority, the Collector, Indore and the Competent Authority, under the Urban






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