VIJAYALAXMI H PARADKAR Vs. TRIMBAK V DONGRE

JUDGEMENT

(1.) A simple order passed in the year 1974 directing that the petitioner herein, Vijayalaxmi Paradkar, be made a party to the dispute in question is challenged in this writ petition therefrom under Article 227 of the constitution.

(2.) On 26th of September 1970, the petitioner herein agreed to purchase the land in question from its original owners, one Bhoir and others. On 29th of October 1970, the petitioners agreed to sell the said land to the promoters of aparna Shiv Prasad Co-operative Housing Society Ltd. , hreinafter referred to as the society, Respondent No. 13 herein on 29th January 1971, the said society entered into an agreement with the Petitioner herein under which the Society was, inter alia, permitted to put up constfution on the land in question. By an agreement dated 16th of February 1971, the society engaged the services of contractors Anand Construction Company for the purpose of putting up constructions on the aforesaid land. Mr. Soochak, the Learned Advocate for the contesting respondents, states that this construction company is owned by none else than husband of the present petitioner. Mr. Rane the learned Counsel for the petitioner, however, does not admit the correctness of the said statement. who owned the said Construction Company is, however, not material for the purpose of deciding this Petition.

(3.) It seems, some time after 1971, the society ran into diffculties. It therefore, approached the Petitioner herein. As a result of certain negotiations between the parties, a Special general Body Meeting of the society was convened on 23rd december, 1973. At the said meeting, certain resolutions appear to have been passed. As a result thereof, the Society terminated the Agreement of Purchase dated 29th October 1970 with the Petitioner herein. Similarly, the agreement for the purpose of construction entered into with Anand Construction Cornpony on 1 6th February 1971 was also terminated. It further appears that a scheme was discussed and approved by the society in the said General Body Meeting. In pursuance of the resolutions, decisions and scheme approved and passed in the General Body Meeting of the society, the society entered into an agreement with the Petitioner herein on 31st December 1973 under whicn agreement it was inter alia, agreed that the balance of cost of construction of Anand/ construction Company should be paid by the Petitioner herein and the construction should be got completed, flats should be allotted to members of the society and the petitioner herein should make adjustments relating to monies already paid by the members. In pursuance thereof, as many as 47 members appear to have entered into agreements with the petitioner. In January 1974. One building known as Building no. 1 was completed. it was at that stags that certain disputes arose.