SHREE CHAMPALAL KOTHARI TRUST AND ORS vs RAJHANS CO OP HOUSING SOC LTD

Judgment text excerpt

18-WP-2100-2021.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2110 OF 2021 SHABNOOR Shree Champalal Kothari Trust & Ors. … Petitioners AYUB PATHAN V/s. Digitally signed by SHABNOOR AYUB Rajhans Cooperative Housing Society PATHAN Date: 2025.11.15 12:18:24 +0530 Ltd. … Respondents Mr. Arun Panickar a/w Vinay Nair, for the petitioners. Mr. Rohan Sawant a/w Mr. Jatin Sheth, Ms. Chaitra Rao, for respondent. Ms. Snehal S. Jadhav, AGP for the State. CORAM : AMIT BORKAR, J. DATED : NOVEMBER 10, 2025 JUDGMENT: 1. This petition is filed under Article 227 of the Constitution of India. The petitioners challenge the judgment dated 1 October 2019 passed by the Cooperative Appellate Court in Revision Application No.16 of 2020. By that order, the Appellate Court confirmed the order of the Cooperative Court permitting respondent to withdraw the dispute with liberty to file a fresh dispute on the same cause of action, subject to limitation. 2. The facts are as follows. The respondent filed Dispute No.14 of 1986 in the year 1979 against petitioner No.1 and its trustees. The respondent sought possession and recovery of Rs. 58,580.22 as arrears of society dues. In the year 2004, the respondent amended the dispute and sought recovery of recurring outgoings as per the society resolutions. The Cooperative Court dismissed the 1 18-WP-2100-2021.doc dispute by judgment dated 30 November 2005. The respondent filed Appeal No.24 of 2006. In that appeal, the respondent filed an application under Order 41 Rule 27 of the Civil Procedure Code seeking permission to produce additional documents. The Cooperative Appellate Court, by order dated 2 February 2007, set aside the judgment of the Cooperative Court. The Appellate Court remanded the matter to t