Advocates:
['A R JOSHI', '', 'MILIND PATIL', 'R K JADHAVAR', '', 'A B KADETHANKAR', 'P K JADHAVAR']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 116 OF 1992

Suryakant s/o Mohiniraj Pathak

Since deceased, by his L.Rs.

1.

Smt. Padmavati wd/o Suryakant Pathak,

Age : 68 years, Occu. Household.

2.

Shri Abhay s/o Suryakant Pathak,

Age : 42 years, Occu. Business.

3.

Shri Ajit s/o Suryakant Pathak,

Age : 40 years, Occu. Business.

4.

Shri Anant s/o Suryakant Pathak,

Age : 37 years, Occu. Business.

5.

Shri Aniruddha s/o Suryakant Pathak,

Age : 35 years, Occu. Advocate.

All r/o Plot No. 76, Snehwardhini

Co-op. Housing Society, Near

Shastrinagar, Aurangabad

PETITIONERS

VERSUS

1.

Kashinath s/o Nagorao Joshi,

Age : 50 years, Occu. Formerly

private service, r/o B-33,

State Bank Colony, Saidabad,

Hyderabad – 500 659

2.

Sahajeevan Cooperative Housing

Society Ltd., Block No. 11,

Zilla Parishad Road, Aurangabad,

District Aurangabad, through

its Chairman.

RESPONDENTS

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.....

Mr. Milind Patil, advocate for the petitioners.

None for respondent No. 1.

Mr. A.B. Kadethankar, advocate for respondent No. 2.

.....

AND

WRIT PETITION NO. 662 OF 1993

Suryakant s/o Mohiniraj Pathak

Since deceased, by his L.Rs.

1.

Smt. Padmavati wd/o Suryakant Pathak,

Age : 68 years, Occu. Household.

2.

Shri Abhay s/o Suryakant Pathak,

Age : 42 years, Occu. Business.

3.

Shri Ajit s/o Suryakant Pathak,

Age : 40 years, Occu. Business.

4.

Shri Anant s/o Suryakant Pathak,

Age : 37 years, Occu. Business.

5.

Shri Aniruddha s/o Suryakant Pathak,

Age : 35 years, Occu. Advocate.

All r/o Plot No. 76, Snehwardhini

Co-op. Housing Society, Near

Shastrinagar, Aurangabad

PETITIONERS

VERSUS

1.

Kashinath s/o Nagorao Joshi,

R/o B-33, State Bank Colony,

Saidabad, Hyderabad, A.P.

2.

Sahajeevan Grihanirman Sahakari

Sanstha, Z.P. Road, Samarthnagar,

Aurangabad.

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3.

Divisional Joint Registrar,

Cooperative Societies,

Kranti Chowk, Aurangabad.

4.

Taluka Deputy Registrar,

Cooperative Societies,

Urban Division, Diwan Deodi,

Aurangabad.

5.

Hon’ble Minister of State for

Cooperation, Mantralaya, Bombay.

6.

The State of Maharashtra

RESPONDENTS

....

Mr. Milind Patil, advocate for the petitioners.

Mr. V.D. Hon, advocate for respondent No. 1.

Mr. A.B. Kadethankar, advocate for respondent No.2.

Mr. V.G. Shelke, A.G.P. for respondents No. 3 to 6.

....

CORAM

: M.T. JOSHI, J.

DATE OF JUDGEMENT RESERVED : 8^th August, 2013

DATE OF JUDGEMENT PRONOUNCED : 19^th September, 2013

JUDGEMENT :

1.

Both these writ petitions arise out of the

common dispute between the parties though two

different orders regarding the same dispute have been

passed by the authorities.

2.

The dispute relates to plot No. 1 situated

in a Housing Society i.e. present respondent No.2 and

the membership of respondent No.1. Admittedly,

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respondent No. 1 - Kashinath s/o Nagorao Joshi was

inducted as a member of this Cooperative Housing

Society and as such was allotted the plot No. 1.

It is the case of the present writ

petitioner as well as respondent No.2 – Cooperative

Society that for lack of capacity or interest of the

respondent No.1 to construct the house over the said

plot and because of his casual and indifferent

attitude towards the affairs of the Society, he was

expelled from the Society on 25^th September, 1977

under the provisions of Section 35 of the Maharashtra

Cooperative Societies Act, 1960 (for short, “the MCS

Act”) read with Rule 28 of the Rules framed

thereunder. Previous to it, resolutions were passed

by the General Body or the Managing Committee of the

Society so that respondent No. 1 Mr. Kashinath Joshi

would comply wi