Bench dismissed two writ petitions challenging an order of the State Cooperative Appellate Court which set aside a previous judgment allowing petitioners to take possession. The Court found no ground to interfere.
WRIT PETITIONS DISMISSED
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
5-6-WP-10789.17.docx
Gayatri
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10789 OF 2017
WITH
WRIT PETITION NO. 11767 OF 2017
Mavji Kanji and others … Petitioners
Vs.
Sardar Nagar Anand CHSL and another ...Respondents
Ms. Sonal Hemant Misha a/w Mr. Kunal Bhange, Advocate for Petitioner Nos. 1 to 5.
Mr. S. B. Pawar a/w Mr. Lubna Shaikh i/b Mr. S. K. Legal Associates LLP for Respondent No. 2.
Mr. Nirav Doshi i/b Mr. Amit Karle, Advocate for Respondent No. 1.
CORAM : GAURI GODSE, J.
DATE : 24th JANUARY 2024
P.C.
Writ Petition No. 11767 o f 2017
operative Appellate Court allowing the appeal preferred by the
respondent no. 2. The appeal was preferred for challenging the
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5-6-WP-10789.17.docx
Judgment and Award passed by the Co-operative Court on 30th November 2015 allowing the dispute filed by the petitioner. By the said order, opponent nos. 1 to 5 in the dispute were directed to handover the possession of the disputed office premises to the petitioners. However, the said order has been set aside in appeal filed by respondent no. 2 herein.
not disputed that the agreement dated 9th January 1986 is cancelled.
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5-6-WP-10789.17.docx
find any perversity, illegality or infirmity in the order to invoke the powers under Article 227 of the Constitution of India to interfere in the impugned order.
Writ Petition No. 10789 of 2017
[GAURI GODSE, J.]
Digitally signed GAYATRI by GAYATRI RAJENDRA RAJENDRA SHIMPI SHIMPI Date: 2024.02.12 13:51:24 +0530
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3 issues framed by the court
Whether the High Court can invoke writ jurisdiction under Article 227 to interfere with the order of the State Cooperative Appellate Court.
Whether the petitioners have any merit to claim possession of the disputed office premises after the agreement is cancelled.
Whether the impugned order is perverse, illegal or suffers from any infirmity.
1 provisions across 1 enactments
Mavji Kanji and others
Sardar Nagar Anand CHSL and another
Gauri Godse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
