First Appeal No. 1454 of 2003 and Writ Petition No. 2992 of 2011. Case: 1. Bhuwaneshwar Rajkishore Tripathi, 2. Nilkanth Nagar Co-op. Housing Society Vs 1. Nilkanth Nagar Co-op. Housing Society, 2. Bhuwaneshwar Rajkishore Tripathi and Ors.. High Court of Bombay (India)
| Case Number | First Appeal No. 1454 of 2003 and Writ Petition No. 2992 of 2011 |
| Judges | A. P. Bhangale, J. |
| Issue | Code of Civil Procedure, 1908 (CPC) - Order XIV Rules 14, 2; Constitution of India - Article 296; Maharashtra Co-operative Societies Act, 1960 - Section 154 |
| Citation | 2013 (6) AllMR 305 , 2013 (6) MahLj 640 |
| Judgement Date | September 26, 2013 |
| Court | High Court of Bombay (India) |
Judgment:
A. P. Bhangale, J.
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The First Appeal No. 1454 of 2003 is against the judgment and order dated 15-07-2002 passed by the learned Judge, City Civil Court, Greater Mumbai in short cause civil Suit no. 5813 of 1996 whereby the suit was dismissed. The Petitioner in Writ Petition no. 2992 of 2011 have questioned the validity of the order dated 1st March 2011 passed by the Minister Co-operation department of the Government of Maharashtra and prayed for to set it aside. Both the proceedings are before this court pursuant administrative direction from Hon'ble The Chief Justice of this court. The facts stated are:-
The suit was instituted by the Appellant (Plaintiff) against the Neelkantha Nagar Co-operative Housing society Ltd. for the declaration that the defendant society have no right, title and interest and claim over the suit property or the structure Room no. 8 admeasuring 37.5 feet x 10 feet in chawl no. 1, situated on Land City Survey no. 171 A, admeasuring 5143 Sq. meters being carved out of land S. No. 20/1 admeasuring Acre 1.14 Gunthas, land Survey no. 21/15 admeasuring 24.25 Gunthas and land S.N. 22 admeasuring Acre 1.15 Gunthas and land S. No. 46/35 admeasuring Gunthas 9 only all situated at village Kirol Taluka Kurla was property purchased by Kashinath Janardan Sawant for Rs. 19606/- document registered at S. No. 887 of 1944 Jamshetji Kolbhi Manekshaw on 18.02.1944. The land owner Kashinath Janardan Sawant whose permanent address was shown as Bharat Glass works at Mahul expired on 30.10.1969, while his death was registered on 05.11.1969. The appellant also sought injunction that the defendant be restrained from disturbing the possession of the plaintiff in any manner. The appellant claimed as tenant of the suit room. According to the appellant, the defendant society is not the owner though it claim so. The appellant pointed out that Tahasildar, Kurla (Mulund) issued notice dated 03-12-2012 addressed to Kashinath Janardan Sawant (dead person) to pay sum of Rs. 12453/- which was received by Talathi under provisional receipt dated 27.12.2012 by Cheque no. 328012 drawn upon State Bank of Patiala. While appellant want to show that the Municipal corporation of greater Mumbai (MCGM) has for the year 2013-2014 has continued to assess property in the name of dead person Late Shri Kashinath Janardan Sawant C/o. B.R. Tripathi and others 1/8 Sawantwadi, Chirag Nagar, Ghatkopar (West) Mumbai, 400 086. Mentioning property account no. NX0609210160000 in the name of Holder OCC OXFORD WOODLAND N 7368(2A) 199/BA L.B.S. Marg, A C Shed first assessed on 01-07-1978. Who inherited entire real estate and personal property left by Late Kashinath Janardan Sawant after his demise is an important issue to be solved and answered in this case.
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The defendant claimed that they got title to the suit land under the registered deed of conveyance dated 25th July 1996 from M/s. Bhaveshwar. According to...
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