Dismissed

Shivaji Educatin Society'S Employees Consumer Co-Operative Soc Ltd. v. Smt Kumudini Kalyannrao Patil

Bombay HC27 Aug 2018CRA/978/2014

Case brief

AI extract

What is this about?

This application under CPC Order 47 Rule 2 (Section 115) challenging an order quashing a lower decree to hand over possession was disposed of. The court found that since the liquidator was impleaded and the tenant had already delivered possession, no substantive issue survived, so the application was dismissed reserving liberty to the liquidator to adopt independent proceedings. Order accordingly.

What did the court decide?

The civil revision application disposed of reserving liberty to the second respondent (liquidator) to adopt appropriate proceedings in accordance with law.

Shivaji Educatin Society'S Employees Consumer Co-Operative… — Property and Title | Bombay HC (2018)

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11.CRA.978-14.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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Civil Revision Application NO. 978 OF 2014

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Shivaji Educatin Society's Employees Consumer Cooperative Society Ltd. Versus Smt Kumudini Kalyannrao Patil and another.

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...Applicant

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...Respondents

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Mr. Umesh Kurund, Advocate for the Applicant. Ms. Manisha Deokar a/w. S.M. Katkar, Advocate for Respondent No.1.

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CORAM : R. G. KETKAR, J.

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DATE : 27^th AUGUST, 2018

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P.C.

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Heard Mr.Umesh Kurund, learned counsel for the applicant

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and Ms.Manisha Deokar, learned counsel for respondent No.1, at length.

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By this application under Section 115 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') the applicant has challenged the judgment and decree dated 30.12.2013 passed by the learned District Judge4, Solapur in Regular Civil Appeal No.289/2011. By that order, the learned District Judge allowed the appeal preferred by the first respondent and quashed and set aside the judgment and decree dated 5.10.2011 passed by the learned Jt. Civil Judge, Senior Division at

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11.CRA.978-14.doc

Barshi in Regular Civil Suit No.652/1999. The learned District Judge directed the applicant/defendant to hand over vacant and peaceful possession of City Survey No.762E, admeasuring 137.50 square meter situate at Barshi, District – Solapur, as more particularly described in paragraph1 of the plaint (for short, 'suit premises') within three months from the date of the order.

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The learned Counsel for the parties have invited my attention to this Court's order dated 7.4.2016. That order recorded appointment of the Liquidator on the applicant society by order dated 21.2.2015. The statement of the respondent/plaintiff that possession of the suit premises is already taken by following due process of law, was also recorded.

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Mr. Kurund submitted that in pursuance of the order dated 7.4.2016, the Liquidator was impleaded as respondent No.2 in the present proceedings and he is duly served through Court service. Despite that, none has entered appearance on behalf of the second respondent. Respondent No.2 also does not appear.

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Ms. Deokar has handed over the report dated 22.2.2016 at Exhibit22, punchnama dated 22.2.2016 at Exhibit17, possession receipt dated 22.2.2016 at Exhibit16, purshis dated 22.2.2016 at

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11.CRA.978-14.doc

Exhibit20 and possession receipt dated 22.2.2016 at Exhibit21. Same is taken on record and marked 'A Collectively' for identification.

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As noted earlier, by order dated 21.2.2015, the Liquidator was appointed on the applicantsociety and is impleaded as second respondent in the matter. Despite service the Liquidator has not participated in the present proceedings. The possession is already taken over by the respondent/plaintiff. In view thereof, nothing survives in this application and the same is disposed of reserving liberty to the second respondent to adopt appropriate proceedings in accordance with law. Order accordingly.

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(R. G. KETKAR, J.)

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Deshmane (PS)

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PradipkumarPrakashraoDeshmane Digitally signedby PradipkumarPrakashraoDeshmaneDate:2018.08.3012:50:23 +0500

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Shivaji Educatin Society'S Employees Consumer Co-Operative Soc Ltd. v. Smt Kumudini Kalyannrao Patil

Case brief

What is this about?

What did the court decide?

Shivaji Educatin Society'S Employees Consumer Co-Operative Soc Ltd. v. Smt Kumudini Kalyannrao Patil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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