Writ petition filed by a society member challenging the Cooperative Court's order disallowing installation of a solar water heater. The high court held no interference was warranted and dismissed the petition summarily.
Writ petition dismissed summarily.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7421 OF 2007
Subhash S. Nalawade ..... ...... ......Petitioner V/s
Ganga Park Coop. Hsg. Soc. Ltd. & Ors........
.....Respondents.
Mrs.Pooja P. Gaonkar i/by Mr.P.M.Gaonkar, Adv. For the petitioner. Ms.P.S.Cardozo, Adv. For the respondent No.2.
CORAM: A.P.DESHPANDE, J. 5/10/07
PC:
The respondent-society instituted dispute before the Cooperative Court against the present petitioner, who is its member, seeking declaration that the present petitioner has no right to install the solar water heater system on the terrace thereby depriving other members of right to common use. The system has been installed by the petitioner without permission of the society and hence same was objected to. The trial Court decreed the suit and the appeal filed by the present petitioner before the Cooperative Appellate Court has been dismissed by holding that the petitioner does not have a right to install solar water heater system without permission of the society. Perused the impugned order and same does not call for any interference. Learned counsel for the petitioner has mainly submitted that the amendment which was granted by the trial Court which squarely objects to installation of the system was itself erroneous. Perusal of the unamended dispute reveals that the amended prayers are in fact comprised in the original prayers. Hence no prejudice could be said to have been caused to the petitioner by allowed the said amendment. In the result writ petition is summarily dismissed. 5.10.07
1 issue framed by the court
Whether there is any ground to interfere with the impugned order and dismiss the writ petition.
Subhash S. Nalawade
Ganga Park Coop. Hsg. Soc. Ltd.
A.P. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
