Advocates:
['SHRI VAIBHAV PATANKAR', 'SHRI S M OAK', '', 'SHRI MAYURESH MODGI', '', '', '', 'TO']

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 511 OF 2008

The Secretary,

M/s. Gautam Sindhu CHS Ltd. ........ Petitioner

versus

Thana Acchalgachha Hain Sangh

Through its trustees & anr ........Respondent.

Mr. R.S. Apte Sr. counsel with Vaibhav Patankar adv. for the

Petitioner

Mr. Sagar Joshi i/b. S.M.Oak adv. for the Respondent no.2.

Mr. Mayuresh Mogi for Respdts. 1,2,5,6,7 to 9.

CORAM: A. P DESHPANDE, J.

DATED : 25th November, 2009.

P. C.:

1.

Rule. Rule made returnable forthwith. By consent of

parties taken up for final hearing.

2.

The present petitioner is a Co-operative Housing Society and

is original defendant no.2 whereas the respondent no.1 is a Public

Trust which is a plaintiff in the suit. Suit has been filed by the

Public Trust claiming the relief of declaration that the trust alone

has a right to construct the suit property and an injunction is also

sought against the defendant. The present petitioner society has

constructed a structure and the members of the society are in

occupation thereof. By filing a written statement, the petitioner

2

raised amongst others two contentions : (