M/S. Sweet Home Interior Pvt Ltd v. Archana Kutir Co Op. Hsg. Soc. Ltd

21_WP_2537_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2537 OF 2025 Sweet Home Interior Pvt. Ltd.

...

Petitioner vs.

Archana Kutir Co-op. Hsg. Soc. Ltd.

...

Respondent Mr. Anilkumar Patil a/w. Mr. Digvijay Paitl and Mr. Sachin Bhavar, i/b. Ms. Zeel Jain for petitioner.

Advocate N. N. Bhadrashete, i/b. Ms. Priyanka Bhadrashete for respondent.

CORAM : MANISH PITALE, J.

DATE :

26th JUNE, 2025 P.C. :

.

By this writ petition, the petitioner has challenged orders passed by the Co-operative Court and Co-operative Appellate Court, on the question of recasting of issues and framing of additional issues.

2.

By the impugned order passed by the Co-operative Court, only one additional issue i.e. issue No.2A was framed, while the prayer for framing issue No.6 was rejected. On a challenge raised to the said order, by the impugned order dated 27.09.2024 passed by the Cooperative Appellate Court, while confirming framing of issue No.2A, the said Court framed two additional issues i.e. 6A and 6B. With the assistance of the learned counsel for the parties, this Court has perused the documents on record, including the original issues framed by the Co-operative Court.

1/2 PRIYA KAMBLI by PRIYA KAMBLI Date:

2025.06.26 17:11:03 +0530

21_WP_2537_25.doc 3.

Having considered the rival arguments, this Court finds that no error can be attributed to the orders passed by the Co-operative Court and Co-operative Appellate Court in framing issue Nos.2A, 6A and 6B, in the light of controversy that has arisen in the pending dispute.

4.

This Court is not inclined to exercise writ jurisdiction, in the facts and circumstances of the present case. It is to be noted that the dispute in the present case was originally filed in the year 1993, although it is renumbered in the year 2014. In that light, appropriate direction ought to be issued to ensure expeditious disposal of the matter pending before the Co-operative Court. 5.

In view of the above, the writ petition is dismissed. The Cooperative Court is directed to finally decide the pending dispute expeditiously and in any case, on or before 31.12.2025. (MANISH PITALE, J) Priya Kambli 2/2