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Bombay High CourtIA/9678/2024disposed off

Shri. Navnath Babanrao Thite v. Mahatma Co-Operative Housing Society Ltd. Thr. Chariman And ORS.

2025-04-08Hon'Ble Justice Sharmila U. Deshmukh2 pages

204 -IA-9678-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9678 OF 2024.

IN FIRST APPEAL NO. 947 OF 2024.

Shri. Navnath Babanrao Thite ...Applicant TALLE SHUBHAM ASHOKRAO

Versus

TALLE SHUBHAM ASHOKRAO Date: 2025.04.09 20:55:00 +0530 Mahatma Co-Operative Housing Society Ltd. Thr. Chariman And Ors.

...Respondents

------ Mr. Sugandh Deshmukh for the Applicant.

Mr. Rananaware Dhananjayrao D. for the Respondent. ------ Coram : Sharmila U. Deshmukh, J.

Date : April 8, 2025.

P. C. :

1.

Interim Application has been preferred seeking injunction against Respondent No. 1-Society from admitting any new member or creating any third party right in respect of the subject plot which is Plot No. 337, situated at survey nos. 62-65, Kothrud, Pune-411 038. 2.

Learned Counsel appearing for the Respondent No. 1 points out the resolution of the Managing Committee of the Respondent No. 1-Society that as the appropriate rate has not been received in respect of subject plot no. 337, the same is not to be sold presently and in event in future, necessity arises then fresh tenders will be issued. He submits that in view of the said decision of the Managing Committee, in event the Respondent No. 1-Society decides to call for Shubham Talle 1 of

204 -IA-9678-2024.doc tenders afresh for sale of the subject plot number 337, written notice of 15 days will be given to the learned Counsel for the Applicant/Appellant. The said arrangement is agreeable to the learned Counsel for the Applicant.

3.

In light of the above, the Interim Application is disposed of with direction to Respondent No. 1 that in event decision is taken for inviting fresh tenders for sale of the plot no. 337, written notice of the said decision to be given to the Applicant as well as the Advocate for the Applicant 15 days in advance.

4.

Interim Application stands allowed in the above terms. [Sharmila U. Deshmukh, J.] Shubham Talle 2 of