Foreshore Co-Op Hsg Society Ltd v. Ramesh Gopal Sippy And ANR

2025:BHC-AS:27420 18 wp 8785 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8785 OF 2025 Foreshore Co-op. Hsg. Soc. Ltd.

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Petitioner versus Ramesh Gopal Sippy and Anr.

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Respondents Mr. N.N.Bhadrashete i/by Ms. Priyanka N. Bhadrashete, for Petitioner. Mr. Ramesh Ramamurthy with Mr. Saikumar Ramamurthy, Ms. Seema Sorte, for Respondents.

CORAM: N.J.JAMADAR, J.

DATE :

7 JULY 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to a judgment and order dated 26 April 2024 passed by the learned President, Co-op. Appellate Court in AO No.17/2024 whereby the appeal preferred by the Petitioner - Disputant against the judgment and order dated 16 March 2020 passed by the learned Judge, Co-op. Court No.1, Mumbai, declining to grant temporary injunction came to be dismissed by affirming the said order. 3.

The Petitioner has filed a Dispute being No.CC/I/268/2018 seeking a declaration and injunction with regard to the user of basement Unit No.B-1. 4.

Since both the Courts have declined to exercise discretion in favour of the Petitioner and the Dispute has been filed in the year 2018, it may be expedient that the Dispute itself is decided expeditiously. SSP 1/2

18 wp 8785 of 2025.doc 5.

Hence, the Writ Petition stands disposed with a request to the learned Judge, Co-op. Court No.1, Mumbai, to hear and decide Dispute No.No.CC/I/268/2018 as expeditiously as possible and preferably within a period of one year from the date of communication of this order. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 08/07/2025 11:11:48