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Bombay High CourtWP/5767/2025disposed off

Shri Kotuleshwar Shikshan Prasarak Mandal Through Its Secretary v. The State Of Maharashtra Through Its Secretary And Others

2025-04-30Hon'Ble Shri Justice Mangesh S. Patil , Hon'Ble Shri Justice Y. G. Khobragade2 pages

903-wp-5767-2025.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5767 OF 2025 Kumar City Residents Co-operative Housing Society Ltd.

... Petitioner V/s.

Mansingh Yadav & Ors.

... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2025.04.29 17:17:04 +0530 SHABNOOR AYUB PATHAN Mr. Prashant Darandale for petitioner a/w Bajarang M. Solanke for petitioner.

Mr. Shrivallabh Panchpor i/b Mr. Sujit P. for respondent No.1.

Mr. O. A. Chandurkar, Additional Government Pleader with Smt. U. S. Nimbalkar, AGP for State - respondent.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 29, 2025 P.C.:

1.

The learned Advocate for the respondents has rightly pointed out the order directing the society to furnish the documents to the member, is revisable, and instead of revision, the petitioner filed an appeal which was not maintainable. However, the judgment in the appeal can be treated as judgment delivered by the Revisional Court and the petitioner can challenge the order passed in such appeal/revision by way of writ petition. The petitioner, therefore seeks leave to amend.

2.

Amendment to be carried out within one week from today. 3.

Stand over to 6 May 2025 under the caption 'for circulation'.

903-wp-5767-2025.doc 4.

The impugned order dated 23rd December 2024 is stayed till 6 May 2025.

5.

The learned Advocate for the petitioner undertakes to withdraw the revision application before the State Government. (AMIT BORKAR, J.)