SOUTHERN NAGPUR COOPERATIVE HOUSING SOCIETY LIMITED, THROUGH ITS ADMINISTRATOR RAVINDRA B MOON Vs. GANPATI SON OF YADARAO KUMBHARE
LAWS(BOM)-2017-9-248
HIGH COURT OF BOMBAY
Decided on September 01,2017

Southern Nagpur Cooperative Housing Society Limited, Through Its Administrator Ravindra B Moon Appellant
VERSUS
Ganpati Son Of Yadarao Kumbhare Respondents

JUDGEMENT

S.B. Shukre, J. - (1.) Heard. Admit. Heard finally by consent.
(2.) This revision application challenges the order passed on 16th October 2015 by the District Judge, Nagpur in Misc. Civil Appeal No. 120 of 2013. By this order, the learned District Judge upset the order dated 27th April 2011 passed below objection application (exhibit 11) filed in the execution proceedings initiated by the respondent/original disputant.
(3.) In the year 1991, a Dispute was raised by the respondent before the Cooperative Court, Nagpur. In this Dispute, the relief that was sought by the respondent was that the applicant Society be directed to allot to him plots no. 3 and 4 of the Society's Layout, he being member of the Society and in view of the arrangement between the Society and its members. In the year 1996, the respondent sought an amendment in the Dispute Application, which was allowed. By virtue of this amendment, the respondent was permitted to let his claim be for allotment of a different plot, Plot No. 5A instead of plots no. 3 and 4. The Dispute was strongly resisted by the applicant. However, on merits of the case, the Cooperative Court allowed the dispute and passed an Award dated 31.3.2000, thereby directing the applicant to allot Plot No. 5A to the respondent.;


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