Shri Gajanan Gramin Bigar Sheti Sahakari Patsanstha Maryadit v. Sou. Babytai Dagadu Mali And ORS

42-wp-11456-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11456 OF 2014 Gajanan Gramin Bigar Sheti Sahakari Patsanstha Maryadit

...Petitioner

vs.

Babytai Dagadu Mali and Ors.

...Respondents

None for the Petitioner Mr. U.R. Mankapure, for Respondent Nos. 1 to 3. CORAM : M. S. SONAK, J.

DATE :

APRIL 11, 2019 P.C.:

.

None for the Petitioner.

2.

The challenge in this Petition is to the order dated 26th June, 2019 and 8th July, 2019 made by the Cooperative Court and Appeal Court granting injunction in favour of the Respondent and against the Petitioner.

3.

There is no interim order in operation in this Petition. This means that at least from 29th June, 2013 there is an injunction operating against the Petitioner. This injunction is to operate only during the pendency of the dispute before the Cooperative Court. This means that the impugned order are interim orders. It appears Vishal Parekar 1/2

42-wp-11456-2014.doc that the Petitioner is no longer interested in pursuing the objection and even otherwise the impugned order, no useful purpose will be served in interfering at this stage. Instead the interest of justice will be served if the Cooperative Court is directed to dispose of the main dispute on its own merits as expeditiously as possible without being influenced by any of the observations made in the impugned order. It is ordered accordingly.

4.

The Petition is disposed of in the aforesaid terms. 5.

All concerned to act on the basis authenticated copy of this order.

(M. S. SONAK, J.) Vishal Parekar 2/2