Kandivali Kanakia Park - I, Co-Op. Premises Soc. Ltd. v. Kandivali Kanakia Park Chs. Ltd. And 4 ORS.

Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1193 OF 2015 Kandivali Kanakia Park-I, Co-op.

.Petitioner Premises Society Ltd.

v/s.

Kandivali Kanakia Park CHS Ltd.

.Respondents & ors.

Mr.D.V.Sutar, Advocate, for the Petitioner Mr.G.S.Bhat, Advocate, for the Respondent No.1 Ms Uma Palsule-Desai, AGP, for the Respondent Nos.2, 3 & 5

CORAM

:

A.A.SAYED, J.

DATE :

29.06.2015 P.C.

.

It is not in dispute that the impugned order dated 24.03.2015 is only a consequential order. Prior to this petition, there was a petition, being W.P.No.11976 of 2012 filed by the very petitioner wherein an order dated 02.09.2013 came to be passed in the following terms:

"The bifurcation of the petitioner - society from respondent No.1 is set aside by the Joint Registrar.

The petitioner's Revision is also dismissed by the Minister.

Initially, the petitioner obtained stay to the orders of the Joint Registrar, however, those orders are vacated by this Court on 5th October, 2010 in Writ Petition No.6668 of 2012.

Thus, during the pendency of Revision, no stay was obtaining in favour of the petitioner. In that view of the matter, the interim reliefs cannot be granted in this Writ Petition also. Needless to mention, the petitioner's registration shall abide by the final orders in the above Writ Petition."

This order is not challenged by the petitioner. 2.

In the circumstances, the impugned order, only being a consequential order, I am not inclined to entertain the petition.

3.

The petition shall, accordingly, stand dismissed with no order as to costs.

4.

At the request of the learned counsel for the petitioner, the ad-interim protection granted on 07.05.2015 is continued for a period of three weeks from today.

(A.A.SAYED, J.)