Girgaon Ekta Co Operative Housing Society Ltd v. Mr Sadanand Laxman Mulgaonkar And ORS

wp-374-15&3621-15-(24)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 374 OF 2015 Girgaon Ekta Co-operative Hsg Sty Ltd.

..Petitioner Vs.

Sadanand Laxman Mulgaonkar & Ors ..Respondents WITH WRIT PETITION NO.3621 OF 2015 Sadanand Laxman Mulgaonkar & Ors.

..Petitioner Vs.

State of Maharashtra & Ors.

..Respondents Mr. V. C.Ghosalkar for the Petitioner in Writ Petition No.374 of 2015 Mr. A. K. Tripathi i/b Mr. Prem Kumar Pandey for the Petitioner in Writ Petition No.3621 of 2015 Mr. S. D. Rayrikar AGP for the Respondent Nos.1, 2, 5, 6 & 7 CORAM :

R. M. SAVANT, J.

DATE :

20th APRIL, 2015 P.C.

The above Petitions arise out of an interlocutory order passed by the Co-operative Appellate Court condoning the delay in filing the Appeals. The Learned Counsel appearing for the Petitioner in Writ Petition No.374 of 2015 Mr. V. C. Ghosalkar tenders copy of the order dated 1-4-2015 passed by the Learned Judge of the Co-operative Appellate Court -2, Mumbai, by which order, the Learned Judge has held that the dispute is not maintainable and that the Co-operative Appellate Court does not have the jurisdiction to entertain the dispute. The Learned Counsel for the Respondent No.1 states that the said mmj

wp-374-15&3621-15-(24) Respondent intends to file an Appeal against the said order. In view of the said order dated 1-4-2015, the above Petitions challenging an interlocutory order passed in the Appeals which arise out of the order condoning the delay, do not survive and to accordingly stand disposed as having turned infructuous. However, in the event the order dated 1-4-2015 is set aside. It would be open for the parties to renew their challenge to the order condoning the delay. The order dated 1-4-2015 passed by the Learned Judge of the Cooperative Appellate Court - 2, Mumbai, is taken on record and marked as "X" for identification.

[R.M.SAVANT, J] mmj