AMRUTLAL J PATEL Vs. BOGILAL GANPATRAI MODI

JUDGEMENT

(1.) This petition challenges order dated 30.06.2001 made by Gujarat State Co-operative Tribunal in Revision Application No. 191 of 2001.

(2.) It is an accepted fact that respondent No.1 filed Lavad Suit No. 2265 of 1992 against respondent No.2 Society. The dispute between respondent No.1 and the Society was in relation to resolution dated 08.12.1999 whereunder the Society had decided to sell common plot from which, according to respondent No.1, he was having access and ingress in absence of any other road being available. There is a 20 ft. wide road between plot No.25 and the common plot which would also be affected by such resolution.

(3.) During pendency of the suit an application came to be moved by the plaintiff respondent No.1 on 16.08.2000 whereby an amendment was sought to amend the cause title and amend the prayer clause. The petitioner was sought to be impleaded as a necessary and proper party along with respondent Nos. 3 and 4 and it was stated that respondent No.2 Society be directed to implement resolution No.10 dated 29.11.1979.