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Bombay High CourtCAS/1818/2015allowed

Shri Datta Co-Op. Hsg. Soc. Ltd. And Others v. Swantrya Sainik Co-Op. Hsg. Soc. Ltd.

2015-12-18Hon'Ble Shri Justice R.D. Dhanuka1 pages

ppn 1 908.cas-1818.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1818 OF 2015 IN SECOND APPEAL NO.527 OF 2014 Shree Datta Co-operative Housing Society Ltd. & Ors.

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Applicants/Appellants Vs.

Swantrya Sainik Co-op. Housing Society Ltd., Kolhapur & Ors.

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Respondents --- Mr.Amit Borkar for the applicants/appellants. Mr.Nikhil Pawar i/by Mr.T. Ingale for the respondent no.1. Mr.Rajan Pawar for the respondent no.2-AGP. Mr.Suresh Kamble for the respondent nos.3 & 4. --- CORAM : R.D. DHANUKA, J.

DATE : 18th December 2015 P.C.

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The respondent no.1 who is the contesting party to the civil application is served. Learned counsel for the respondent no.1 has no objection if the order dated 6th October 2015 passed by this Court is recalled. Statement is accepted. Second Appeal No.527 of 2014 and Civil application no.1272 of 2014 are restored to file. 2.

For the reasons recorded in the civil application, civil application is allowed in terms of prayer clause (b). No order as to costs. 3.

Place the Second Appeal No.527 of 2014 along with the Civil application no.1272 of 2014 on board for 'Admission' on 14th January 2016.

R.D. DHANUKA, J.