EKNATH NAMDEV LASHKARE AND ORS vs M/S. PANCHARATNA PROPERTIES AND ORS

Judgment text excerpt

wp12956-2022 & connected-Final.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12956 OF 2022 Eknath Namdev Lashkare & Ors. … Petitioners V/s. Pancharatna Properties & Ors. … Respondents WITH WRIT PETITION NO.1506 OF 2020 SHABNOOR Vishwas Ramchandra Lashkare … Petitioner AYUB PATHAN V/s. Digitally signed by SHABNOOR Pancharatna Properties & Ors. … Respondents AYUB PATHAN Date: 2025.11.07 12:07:16 +0530 WITH WRIT PETITION NO.1504 OF 2020 Shankar Bhoju Gunjal & Anr. … Petitioners V/s. Pancharatna Properties & Ors. … Respondents Mr. Shailendra S. Kanetkar a/w Mr. Subham Suryawanshi for the petitioners. Mr. Rishabh Jadhav i/by Parinam Law Associates for respondent No.1. CORAM : AMIT BORKAR, J. RESERVED ON : NOVEMBER 06, 2025 PRONOUNCED ON : NOVEMBER 07, 2025 JUDGMENT : 1. Since the issues of fact and law involved in all these writ petitions are identical, they are being decided together by this 1 wp12956-2022 & connected-Final.doc common judgment. 2. The petitioners have approached this Court to challenge the judgment and order dated 30 November 2019 passed by the Cooperative Appellate Court. By the said order, the revision application filed by respondent Nos.1 to 6 was allowed. The Appellate Court set aside the order of the Cooperative Court which had rejected the respondents’ application seeking dismissal of the dispute for want of jurisdiction. The Appellate Court held that the Cooperative Court had no jurisdiction to entertain certain prayers in the dispute. 3. The relevant facts giving rise to these petitions are as follows. Respondent No.6 is a Cooperative Housing Society registered under the Maharashtra Cooperative Societies Act, 1960. It was initially classified as a tenant ownership society and was later converted