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Bombay High CourtLPA/188/2012rejected

Parivar Saphalya Co-Op. Hsg. Soc. Limited v. Mohammedali Yusufli And ORS

2018-12-13Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice B.R. Gavai8 pages

BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.188 OF 2012 WRIT PETITION NO.10114 OF 2011 CIVIL APPLICATION NO.354 OF 2012 LETTERS PATENT APPEAL NO.188 OF 2012 Mohammedali Yusufli and Ors.

.... Respondents.

LETTERS PATENT APPEAL NO.189 OF 2012 WRIT PETITION NO.10119 OF 2011 CIVIL APPLICATION NO.355 OF 2012 LETTERS PATENT APPEAL NO.189 OF 2012 Anwar Shaikh and Ors.

.... Respondents.

LETTERS PATENT APPEAL NO.190 OF 2012 WRIT PETITION NO.10117 OF 2011 CIVIL APPLICATION NO.356 OF 2012 LETTERS PATENT APPEAL NO.190 OF 2012 1/8

Chandrakant P. Sawant and Ors.

.... Respondents.

LETTERS PATENT APPEAL NO.191 OF 2012 WRIT PETITION NO.10122 OF 2011 CIVIL APPLICATION NO.357 OF 2012 LETTERS PATENT APPEAL NO.191 OF 2012 Afsarajahan S. Khan and Ors.

.... Respondents.

LETTERS PATENT APPEAL NO.192 OF 2012 WRIT PETITION NO.10123 OF 2011 CIVIL APPLICATION NO.358 OF 2012 LETTERS PATENT APPEAL NO.192 OF 2012 Arvind V. Pawar and Ors.

.... Respondents.

LETTERS PATENT APPEAL NO.193 OF 2012 2/8

WRIT PETITION NO.10115 OF 2011 CIVIL APPLICATION NO.359 OF 2012 LETTERS PATENT APPEAL NO.193 OF 2012 Mansingh S. Bhosle and Ors.

.... Respondents.

LETTERS PATENT APPEAL NO.194 OF 2012 WRIT PETITION NO.10157 OF 2011 CIVIL APPLICATION NO.360 OF 2012 LETTERS PATENT APPEAL NO.194 OF 2012 Shadad M. Khan & Ors.

.... Respondents.

LETTERS PATENT APPEAL NO.195 OF 2012 WRIT PETITION NO.10124 OF 2011 CIVIL APPLICATION NO.361 OF 2012 LETTERS PATENT APPEAL NO.195 OF 2012 Abubakar Kazi and Ors.

3/8

LETTERS PATENT APPEAL NO.196 OF 2012 WRIT PETITION NO.10118 OF 2011 CIVIL APPLICATION NO.362 OF 2012 LETTERS PATENT APPEAL NO.196 OF 2012 Gautam Kamble and Ors.

LETTERS PATENT APPEAL NO.197 OF 2012 WRIT PETITION NO.10112 OF 2011 CIVIL APPLICATION NO.363 OF 2012 LETTERS PATENT APPEAL NO.197 OF 2012 Abdul L.A.K. Shaikh and Ors.

LETTERS PATENT APPEAL NO.198 OF 2012 WRIT PETITION NO.10120 OF 2011 CIVIL APPLICATION NO.364 OF 2012 LETTERS PATENT APPEAL NO.198 OF 2012 4/8

Mehboob H. Khan and Ors.

LETTERS PATENT APPEAL NO.199 OF 2012 WRIT PETITION NO.10121 OF 2011 CIVIL APPLICATION NO.365 OF 2012 LETTERS PATENT APPEAL NO.199 OF 2012 Smt. A. Julia Cardinho and Ors.

LETTERS PATENT APPEAL NO.200 OF 2012 WRIT PETITION NO.10113 OF 2011 CIVIL APPLICATION NO.366 OF 2012 LETTERS PATENT APPEAL NO.200 OF 2012 Mrs. Rabia N. Nabi and Ors.

LETTERS PATENT APPEAL NO.201 OF 2012 WRIT PETITION NO.10110 OF 2011 5/8

CIVIL APPLICATION NO.367 OF 2012 LETTERS PATENT APPEAL NO.201 OF 2012 Abdul K.M. Mulla and Ors LETTERS PATENT APPEAL NO.202 OF 2012 WRIT PETITION NO.10158 OF 2011 CIVIL APPLICATION NO.368 OF 2012 LETTERS PATENT APPEAL NO.202 OF 2012 Mr. Mayuresh M. Bhosale and Ors.

--- Mr. Shardul Singh alongwith Mr. S.C. Gaikwad I/b Mr. P.A. Saratkar, Advocates for the Appellant in the above LPAs and and Civil Applications.

Mr. Vishal Kanade i/b Shadad Khan, Advocates for Respondent No.1 in the above LPAs and Civil Applications Mr. N.C. Walimbe, AGP for Respondent No.3 in the above LPAs. --- CORAM: B. R. GAVAI & RIYAZ I. CHAGLA, JJ.

DATE: 13th December, 2018 6/8

P.C.:- 1] Appellant challenges the order passed by the learned Single Judge dated 10/08/2012 vide which the learned Single Judge dismissed the Petition filed by the present Appellant, which, in turn, was filed, challenging the Order of the Assistant Registrar, Cooperative Societies, Mumbai Division dated 28/4/2011 and by the Appellate Authority i.e. Divisional Joint Registrar dated 26/07/2011. 2] The learned Single Judge has given elaborate cogent reasons as to how no case was made out for interfering with the concurrent orders passed by the Assistant Registrar and Divisional Joint Registrar.

3] Apart from that, we are of the view that jurisdiction which was invoked and exercised by the learned Single Judge was referable to Article 227 of the Constitution of India. In that view of the matter, the question of tenability of the appeals would also arise. 4] All the above Letters Patent Appeals are therefore rejected. 7/8

5] In view of dismissal of all the above Letters Patent Appeals, Civil Applications taken out therein do not survive and the same are also disposed of.

(RIYAZ I. CHAGLA J.) (B. R. GAVAI, J.) 8/8