SHALINI D/O RAGHUNATH PATIL Vs. HON BLE MEMBER, MAHARASHTRA STATE COOPERATIVE APPELLATE COURT, MUMBAI, NAGPUR BENCH, NAGPUR
LAWS(BOM)-2017-8-337
HIGH COURT OF BOMBAY
Decided on August 03,2017

Shalini D/O Raghunath Patil Appellant
VERSUS
Hon Ble Member, Maharashtra State Cooperative Appellate Court, Mumbai, Nagpur Bench, Nagpur Respondents

JUDGEMENT

B.P.DHARMADHIKARI,J. - (1.) The matter is partheard. Earlier arguments were heard on 20062017. When it became clear that Advocate representing respondent No.3 Society and respondent No.5 also Society was no more, hence notice was issued to said respondents. On 20-07-2017 Shri Anil Chokhandre, Secretary of Society appeared and sought adjournment to engage Advocate. The matter was then adjourned to 27-07-2017. On that day, society did not appear and no Advocate was retained by it. We, therefore, heard learned Advocate Shri A.G. Gharote for the appellant/original petitioner and learned Assistant Government Pleader Shri N.H. Joshi for respondent Nos.1 and 2. Matter then came to be adjourned today. Today again there in no appearance for other respondents.
(2.) Facts show that the appellant as also one Indirabai Walke (respondent No.4) are members of respondent No.5 cooperative society. Plot No.12 in layout of that society was allotted to the appellant and plot No.13 was allotted to respondent No.4 Indirabai. Respondent No.3 is Secretry of that society.
(3.) The appellant wanted to raise construction on her plot in May 1992. As construction of respondent No.4 Indirabai had already come up, on adjacent plot she started her work. Cooperative housing society objected to it. Cooperative housing society pointed out that the appellant was raising construction on Plot No.11.;


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