Dandelion Co-Op Hsg Society Ltd Throu. Its Authorised Representative Clayoton Mendonce v. Jyotsna Chagrani And ANR

8-wp3421-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3421 OF 2024 Dandelion Coop. Housing Society Ltd.

through its aurhorized representative Clayoton Mendonce ... Petitioner V/s.

Jyotsna Chagrani & Anr.

... Respondents ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2024.03.11 16:05:19 +0530 Mr. Amrut Joshi with Ms. Smita Durve i/by Mr. Arshil Shah for the petitioner.

CORAM : AMIT BORKAR, J.

DATED : MARCH 11, 2024 P.C.:

1.

Prima facie it appears that the Appellate Court in Appeal No.13 of 2021 permitted petitioner to prove documents as per the Indian Evidence Act, 1872. Once such order is in existence, the Cooperative Court was bound by such order. Hence, rejection of such application is not permissible.

2.

Issue notice to the respondent Nos.1 and 2, returnable on 8 April 2024.

3.

Till next date, the proceedings before the Cooperative Court bearing Dispute No.CC/1/2/2010 shall remain stayed. (AMIT BORKAR, J.)