PARIVAHAN NIGAM KARMACHARI GRIHA NIRMAN SAHKARI SANSTHA MARYADIT INDORE Vs. NAVJYOTI GRIH NIRMAN SAHKARI SANSTHA MARYADIT INDORE

JUDGEMENT

(1.) APPLICANT and the respondent both are registered cooperative societies. It seems, their main object is to develop residential plots and allot them to their respective members. Both Societies are governed by the provisions of M.P. Cooperative Societies Act, 1960 (hereinafter referrd to as "the Act" for short).

(2.) RESPONDENT herein has filed a civil suit for permanent injunction against the applicant. The subject matter of the civil suit is Survey No. 525 situated at village sirpur, Tehsil and District Indore. It was alleged in the plaint that the applicant society is trying to encroach upon the land of the respondent society.

(3.) AFTER the aforesaid order was passed by this Court, learned trial Judge by order dated 11.4.2008 held that the additional issue i.e. issue No. 7 is a preliminary issue and after hearing the parties on the said issue, negatived the contention of the applicant by the order impugned and held that the suit was maintainable even without the notice u/s. 94 of the Act. Hence, this revision.