Narendra Kumar Ramachal Sharma v. Shankar Niwas Co-Op.Ho.Soc.Ltd.Thr. Chairma- Raghunath N. Jadhav And Secretary Pankaj Savla And ORS

65-IA-7534-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7534 OF 2024 IN APPEAL FROM ORDER (ST) NO. 22384 OF 2023 Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.02.26 17:34:28 +0530 MANGALTAI JAYWANT JADHAV Narendra Kumar Ramachal Sharma ... Applicant vs.

Shankar Niwas Co-op. Housing Society Ltd. Through Chairman Raghunath N.

Jadhav and Secretary Pankaj Savla and Ors.

... Respondents Mr. Yash S. Pagare i/b Pankaj Pandey for the Applicant. Mr. Neel A. Gala a/w Kaivalya Raul a/w Gomathi Chettiyar for Respondent No.1 to 3 and 5 to 11.

Mr. Om Suryawanshi for the Respondent-BMC.

CORAM : GAURI GODSE, J.

DATED : 24th FEBRUARY 2025 ORDER:

1.

This application is for restoration of the appeal from order, which was dismissed for non removal of office objections. 2.

This appeal is preferred to challenge rejection of two notice of motions filed for taking contempt action. The order impugned in the appeal is neither appealable under Order 43 or Section 104 of Civil Procedure Code.

65-IA-7534-2024.doc 3.

Hence, I do not see any reason to restore the appeal. Interim application is, therefore, dismissed.

4.

It is clarified that if the appellant intends to explore possibility of amicable settlement, the parties are at liberty to do so and file appropriate terms in the pending suit.

5.

Interim application is dismissed in the aforesaid terms. (GAURI GODSE, J.)