SMT. VIJAYMALA SIDLING DOIJAD vs THE STATE OF MAHARASHTRA THROUGH COLLECTOR OF KOLHAPUR AND ORS.

Judgment text excerpt

2025:BHC-AS:9766 wp 164 of 2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.164 OF 2015 Vijaymala Sidling Doijad, Age 75 years, Occu – Household, R/at, New Pargaon, Taluka Hatkangale, Dist. Kolhapur ... Petitioner versus 1. The State of Maharashtra, through Collector of Kolhapur, Collector Office, Kolhapur 2. Tahasildar, Taluka Hatkangale, Dist. Kolhapur. 3. The Co-op. Housing Society Ltd., Pargaon, Taluka Hatkangale, District Kolhapur Through Chairman, Namdeo Yaswat Deshmukh (Chougule), Age Adult, Occu – Agri. And Social Work, R/at, New Pargaon, Taluka Hatkangale, Dist. Kolhapur. … Respondents Mr. Sandeep Koregave, for Petitioner. Mr. Hamid Mulla, AGP for Respondent Nos.1 and 2. Mr. Utkarsh Desai i/by Mr. P.S.Bhavake, for Respondent No.3. CORAM: N.J.JAMADAR, J. DATE : 28 FEBRUARY 2025 JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties, heard finally. SSP 1/18 wp 164 of 2015.doc 2. This Petition under Article 227 of the Constitution of India calls in question the legality, propriety and correctness of an order dated 17 September 2014 passed by the learned Civil Judge, Kolhapur on an application (Exhibit 144) preferred by the Respondent-Defendant No.3 seeking permission to file Counter-Claim in Regular Civil Suit No.1056 of 2006, whereby the said application came to be allowed subject to payment of costs of Rs.2,000/- to the Plaintiff. 3. Background facts leading to this Petition can be stated, in brief, as under : 3.1 The Petitioner instituted a suit initially claiming relief of injunction against the State of Maharashtra – Respondent/Defendant No.1 and Tahasildar, Tal. Hatkangale – Respondent/Defendant No.2, to restrain them from disturbing possession of the Plainti