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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL REVISION APPICATION NO. 313 OF 2008

Shri Mithailal Singh & Ors.

...

Petitioners

(Org.Defendants)

Vs.

Smt. Madhavi Jeetpratap Singh & Ors.

...

Respondents

Mr. Surel S. Shah Advocate, for the applicant.

Mr.R.S.Apte, Senior Counsel i/b. A.A.Garge,Advocate, for the respondents 1 & 2.

CORAM:

J.H.BHATIA, J.

DATE :

28th April, 2010.

P.C.

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Heard the learned Counsel for the parties.

2.

The respondent No. 1 had previously filed Writ Petition NO.5277 of

2007 challenging a certificate under Section 101 of the Co-operative Societies Act

for recovery of certain amounts. That writ petition was allowed to be withdrawn

with the observations made by this Court in the order dated 19.7.2007 that the

question as to whether loan documents bear the forged signatures of the petitioner

or otherwise has to be gone into by the competent Civil Court. The writ petition

was withdrawn with liberty to file a suit and applications therein for interim reliefs

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before the appropriate Civil Court. Thereafter, the respondents nos. 1 and 2 filed

Regular Civil Suit no.96/2008. In that suit, an application under S