PRAFULL SHANKAR SABNIS Vs. VISHWANATH VASANT POYEKAR

JUDGEMENT

(1.) Rule is made returnable forthwith.

(2.) The writ petitions are filed challenging judgment and orders passed by the Cooperative Appellate Court confirming judgment and award passed by the Cooperative Court declaring resolution dtd. 15/6/1980 of general body meeting of the housing society for cancellation of allotment of respondent No. 1 as illegal, and further declaring that respondent No. 1 is entitled to allotment and vacant possession of flat No. 3. The petitioners were further directed to handover vacant possession of flat No. 3. The receiver was also directed to handover flat No. 4 to the opponent No. 2.

(3.) Aggrieved thereby, the society and the allottee of flat No. 3 filed appeals before the Cooperative Appellate Court. The Cooperative Appellate Court allowed the appeals by judgment and order dtd. 27/11/2003. Aggrieved thereby, the disputant filed Writ Petition No. 1109 of 2004.