Disposed

Urmila Pradyumna Dalal and Anr. v. P.v.Dangare and Anr.

Bombay HC8 Aug 2008WP/2160/2007

Case brief

AI extract

What is this about?

The Bombay High Court directed petitioners to approach the society's managing committee for permission to run kindergarten classes, noting the order was not an adjudication on the legality of running classes without permission.

What did the court decide?

Petitioners directed to approach the society's managing committee for permission; time limits set for applications and decisions.

Urmila Pradyumna Dalal and Anr. Vs P.v.Dangare and Anr. — Property and Title | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

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 WRIT PETITION NO. 2160 OF 2007

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 Urmila Pradyumna Dalal

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 & Anr. .. Petitioners.

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vs.

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 P.V. Dangare

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 & Anr. .. Respondents.

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 Ms. Sonal i/by Zohair & Co. for Petitioners.

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 Mr. L.A. Sakpal for Respondent nos. 1 & 2.

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CORAM: J.N. PATEL, &

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 K.K. TATED, JJ.

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DATE: 8TH AUGUST, 2008.

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 P.C.

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 . Heard the learned counsel for the petitioners.

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 2. Taking into consideration the subject matter of
 the petition we are of the view that it will be proper
 on the part of the petitioners to approach the managing
 committee of the society who have taken over the
 affairs of the society from the administrator and apply
 for permission to conduct tuition classes to
 kindergarten students.

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 3. We are making it clear that by passing such
 order, we have not adjudicated on any of the issues
 raised in the petition including that the petitioner
 cannot run a kindergarten classes in a flat without the
 permission of the society. On the other hand, we find
 that this would maintain harmony in the society and if
 the managing committee of the society is of the opinion
 that such running of kindergarten classes by the
 petitioner does not in any manner causes any nuisance
 to the members of the society then the society can
 consider the request favourably.

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 4. The learned counsel for the petitioners submits
 that the petitioners would apply to the Secretary of
 the society within a period of one week. On such
 application being forwarded to the Secretary of the
 society we will highly appreciate if the managing
 committee of the society would take a decision in the
 matter within two weeks. Needless to say that the
 society would give an opportunity of hearing to the
 petitioners and would pass a reasoned order.

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 5. We further make it clear that the managing
 committee need not be influenced by any of the
 observations made by this Court in this order and will
 take decision in accordance with bye-laws, rules and
 regulations governing the society and in accordance
 with law.

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 6. The petition stands disposed of accordingly.

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(J.N. Patel, J.)

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(K.K. Tated J.)

Urmila Pradyumna Dalal and Anr. v. P.v.Dangare and Anr.

Case brief

What is this about?

What did the court decide?

Urmila Pradyumna Dalal and Anr. v. P.v.Dangare and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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