DR.RAMESH CHUNILAL HANSOTI AND ANOTHER Vs. HANSOTI CO-OPERATIVE HOUSING SOCIETY LTD.
HIGH COURT OF BOMBAY
Dr.Ramesh Chunilal Hansoti And Another
Hansoti Co-Operative Housing Society Ltd.
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R.G.KETKAR, J. -
(1.) Heard Mr. Bipin Joshi, learned counsel for the petitioners and Ms. Panthi Desai, learned counsel for the respondent at length.
(2.) By this Petition under Article 227 of the Constitution of India, the petitioners have challenged the Judgment and order dated 3.7.2004 passed by the learned President, Maharashtra State Co-operative Appellate Court, Mumbai (for short, 'Appellate Court') in Appeal No. 130 of 2002. By that order, the Appellate Court partly allowed the Appeal preferred by the respondent, hereinafter referred to as 'disputant', and modified Award dated 2.7.2002 passed by the learned Judge, Co-operative Court No. 5 , Mumbai in Case No. CCV/230 of 1997. The Appellate Court issued injunction restraining the petitioners, hereinafter referred to as 'opponents', from causing any obstruction or interference in the common use of the terraces on 6th and 7th floors by all members of the disputant- society. The opponents are also directed to remove all flower pots etc so that terrace may be kept open for common use of all members of the disputant society including themselves. The claim of the disputant to open space in the rear and front of the building has dismissed. The relevant and material facts giving rise to filing of the present petition, briefly stated, are as under.
(3.) Disputant is a tenant Co-partnership Housing Society duly registered under the Maharashtra Cooperative Societies Act, 1960 (for short, 'Act') having Registration No. BOM/WN/HSG/TC/957 of 1986. It was registered on 8.5.1986. The opponents herein are joint members of the disputant society. Disputant instituted the dispute, inter-alia, for recovery of possession of the terraces on 6th and 7th floors and open space illegally encroached by the opponents. It is the case of the disputant that the dispute touches the business or management of the disputant-society.;
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