JENNIFER PEGADO Vs. HARSHVARDHAN PATIL

JUDGEMENT

(1.) THE approach to the Writ Petitions on the one hand and the Notices of Motion on the other is different in certain respects. I however, find it convenient to dispose of the above matters by a common order and judgment for a variety of reasons. The numerous facts in these proceedings are not only the same but are also inextricably interlinked. The contesting parties are for all practical purposes the same. Most of the contentions raised by the contesting respondents in the Writ Petition have been reiterated by them in the Notice of Motion. Though the Writ Petition is disposed of finally, it is only the interlocutory applications in the suit that is being disposed of by this common order and judgment. The result in the Writ Petition is not irrelevant to the Notice of Motion. (B) I will however, deal with the Notice of Motion only after dealing with the Writ Petition.

(2.) I heard these and other connected matters out of turn at the request of all the counsel appearing on behalf of the contesting respondents and defendants who relied upon an order of the Division Bench dated 25th January, 2010 expediting the hearing of the matters. The connected matters are Writ Petition No.1801 and Writ Petition No.1824 of 2010 and Writ Petition (Lodg) No.784 of 2011, Notices of Motion No.173 of 2010 and Chamber Summons No.640 of 2011 in Suit No.145 of 2010. It was agreed that the result in Writ Petition No.1824 of 2010 and in Notice of Motion No.173 of 2010 would follow the result of the proceedings dealt with in this judgment. I have also disposed of Chamber Summons No.641 of 2011 and Notice of Motion No.148 of 2010 in Suit No.1 of 2010 by a separate order and judgment. The decision in Notice of Motion No.148 of 2010 is on an entirely different basis from this judgment.

(3.) THE society was incorporated and registered in the year 1917 under the provisions of the Central Co-operative Societies Act, 1912. The society, from time to time, purchased lands in Santacruz, Mumbai. The properties of the society comprised of three areas referred to as Willingdon West, Willingdon East and Willingdon South. The present disputes relate to Willingdon East which comprises of about five and half acres.