LAWS(GJH)-2012-3-155

MAHESHBHAI BABULAL PATEL Vs. GUJARAT COOP TRIBUNAL

Decided On March 23, 2012
Maheshbhai Babulal Patel Appellant
V/S
Gujarat Coop Tribunal Respondents

JUDGEMENT

(1.) This petition is directed against the common order dated 22.12.2011 passed by Gujarat Cooperative Tribunal in Revision Application Nos. 438 of 2006 and 439 of 2006 and against order dated 30.10.2006 passed by Board of Nominees, Rajkot in Lavad Suit No.150 of 2005.

(2.) The petitioner i.e. the original defendant No.3 in the Summary Lavad Suit No.150 of 2005 is aggrieved by the said order.

(3.) So far as the order dated 30.10.2006 passed by the Board of Nominees is concerned, the said order is an order passed below Exh.19, Exh.37, Exh.39, Exh. 4, Exh.26, Exh.40, Exh.48 and Exh.61 whereby the learned Tribunal has allowed Mr. D.R.Kiyada, M.R.Kiyada, B.R.Kiyada as opponent in the Lavad Suit and also allowed Mr. M.M.Patel to be impleaded as party respondent on the condition to place on record the registered agreement to sale related to land bearing 60/2. Certain other direction is also attached so far as Exh.48 is concerned whereby the parties are directed to disclose respective shares in the properties mentioned in the order. So far as the original opponent Nos. 2 and 3 in the suit (which includes present petitioner being the opponent No.3 in the suit) the learned Tribunal has granted leave to defend on condition to deposit, within 15 days, 10% of Rs.1.10 crore with the plaintiff Bank and further proceedings of the suit are ordered to be continued.