Dismissed

Shubham Nagri Sahakari Path Sanstha Maryadit, Nagpur Thr. President, Arvind S/O. Natthuji Talmale v. Shishir S/O. Prabhakarrao Bhongade

Bombay HC6 Feb 2024WP/866/2024

Case brief

AI extract

What is this about?

A cooperative society challenged a trial Court order staying its eviction and possession suit under Section 10 CPC pending decision of an earlier suit seeking cancellation of the sale deed underlying its title. The High Court found no error, as both suits concern the same property and cancellation of the sale deed would extinguish the petitioner's title, and dismissed the writ petition.

What did the court decide?

Writ petition dismissed; trial Court directed to expedite Special Civil Suit No.280 of 2018 and decide it at the earliest.

Shubham Nagri Sahakari Path Sanstha Maryadit, Nagpur Thr… — Property and Title | Bombay HC (2024)

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38wp866-24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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Writ Petition No.866 of 2024

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SHUBHAM NAGRI SAHAKARI PATH SANSTHA MARYADIT, NAGPUR THR. PRESIDENT, ARVIND S/O. NATTHUJI TALMALE VS SHISHIR S/O. PRABHAKARRAO BHONGADE

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Office Notes, Office Memoranda of Coram, appearances, Court's Orders or directions and Registrar's order

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Court's or Judge's Order

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Shri H.I. Kothari, Advocate for the Petitioner/s

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CORAM : ANIL S. KILOR, J. DATED : 06.02.2024

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Heard.

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The order below Exh.16 dated 22.11.2023, allowing the application filed by the respondent/defendant under Section 10 read with Section 151 of the Code of Civil Procedure, for stay to the suit filed by the petitioner, is under challenge in this petition.

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The respondent filed a suit namely, Special Civil Suit (Spl.CS) No.280 of 2018, seeking cancellation of the sale deed dated 25.05.2015, executed by the defendant in favour of one Kiran Mahalle, the vendor of the petitioner.

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Subsequent to the said suit, the petitioner filed Regular Civil Suit (RCS) No.90 of 2021 for eviction, possession and mesne profit against the respondent.

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The learned trial Court, while passing the order on the application Exh.16 moved by the defendant, has observed that in both the suits, the property is same and the titles of both the parties are under cloud.

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nd.thawre

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Even otherwise, if the Spl.CS No.280 of 2018 is allowed and decreed, the RCS No.90 of 2021 would not survive for the reason that, the sale deed executed in favour of the vendor of the petitioner would be cancelled and in that contingency, the petitioner would also lose his title.

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In the circumstances, I do not find any error committed by the learned trial Court in staying the suit filed by the petitioner i.e. RCS No.90 of 2021 till the decision of the Spl.CS No.280 of 2018. Accordingly, the writ petition is dismissed .

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The trial Court is directed to expedite the suit, namely Spl.CS No.280 of 2018 and decide the same at the earliest.

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[ANIL S. KILOR, J.]

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nd.thawre

Shubham Nagri Sahakari Path Sanstha Maryadit, Nagpur Thr. President, Arvind S/O. Natthuji Talmale v. Shishir S/O. Prabhakarrao Bhongade

Case brief

What is this about?

What did the court decide?

Shubham Nagri Sahakari Path Sanstha Maryadit, Nagpur Thr. President, Arvind S/O. Natthuji Talmale v. Shishir S/O. Prabhakarrao Bhongade

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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