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2024 Supreme(Online)(GUJ) 26527

HIGH COURT OF GUJARAT
MS. JUSTICE VAIBHAVI D. NANAVATI, J
LALBUCHCHI TRIBHUVAN PANDE – Appellant
Versus
DUTT COOPERATIVE HOUSING SOCIETY LIMITED – Respondent


Advocates:
MR VAIBHAV N SHETH(5337) for the Petitioner(s) No. 1,2,3 MR PS CHAMPANERI(214) for the Respondent(s) No. 1

ORAL JUDGMENT

1. Issue RULE , returnable forthwith. Mr. P.S. Champaneri, learned advocate waives service of Rule for and on behalf of the respondent.

2. Heard Mr. Vaibhav N. Sheth, learned advocate appearing for the petitioners and Mr. P.S. Champaneri, learned advocate appearing for the respondent.

3. By way of the present Petition, the petitioners herein have challenged the impugned judgment and order dated 12.04.2017 passed in Appeal No. 804 of 2003 by the Gujarat State Cooperative Tribunal, Ahmedabad, confirming the judgment and award passed by the Board of Nominee in Lavad Case No. 2993 of 2002 dated 22.04.2003.

4.1. Briefly stated that, the petitioners herein preferred the Lavad Case No. 2993 of 2002 before the Board of Nominee praying for allotment of open land of Plot No. 10 (except the land of three shops), which was allotted to the deceased father of the petitioners, by the respondent – society, by passing resolution in general meeting dated 26.10.1964 and accordingly, deceased father has paid Rs.4,620/- for land and respondent society has issued Share Certificate No. 87. The said Lavad Suit is duly produced at Page-50.

4.2. The respondent herein filed written submission/ writt

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