REKHA NARAYAN MAROTKAR Vs. RAMBHAU BADHU KHADGI

JUDGEMENT

(1.) This is an appeal by the appellants/plaintiffs whose application under Order 13 Rule 1 and 2 was rejected by the trial court.

(2.) The facts giving rise to this appeal are as under -

(3.) Defendant no.9 resisted the application by filing reply to the said application. It is contended at the outset that the suit is not maintainable as the State of Maharashtra is not party to the suit, which has granted the land to the defendants. It is also contended that the suit is barred under Section 164 of the Maharashtra Cooperative Societies Act, since no notice has been given. It is contended that the Divisional Commissioner has allotted the land out of Khasra No.79/2, 77/3, 82 and 80 out of surplus land on 25/6/2001 on a usual terms and conditions. The Society was put in possession of the said property on 23/7/2002 by the Tahsildar. The Society thereafter paid the charges, which are required to be paid to the Government as well as to the Nagpur Improvement Trust for development. The defendants denied all the allegations which are adverse to them. It is contended that the applications have been filed belatedly and relief on such belated application cannot be granted in favour of the plaintiffs.