ANJALI ANIL BHATWADEKAR AND ANR vs SHREE NAV VINAYAK CO-OP HSG SOCIETY LTD

Judgment text excerpt

Digitally signed by SANTOSH SANTOSH SUBHASH SUBHASH KULKARNI -WP4276-2026+.DOC KULKARNI Date: 2026.06.15 22:00:52 +0530 Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4276 OF 2026 1. Mandar Suresh Bhatwadekar 2. Dr. Shrirang Arun Limaye ...Petitioners Versus Shree Nav Vinayak Co-operative Housing Society Ltd. (Housing Society), registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 …Respondent WITH WRIT PETITION NO. 4362 OF 2026 1. Mandar Suresh Bhatwadekar 2. Dr. Shrirang Arun Limaye ...Petitioners Versus Shree Nav Vinayak Co-operative Housing Society Ltd. (Housing Society), registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 …Respondent Mr. R. A. Dada, Senior Advocate, a/w Mr. Nitin P. Deshpande, for the Petitioners. Mr. Shailendra Kanetkar, for the Respondent. CORAM: N. J. JAMADAR, J. RESERVED ON: 4th MAY, 2026 PRONOUNCED ON: 15th JUNE, 2026 JUDGMENT:- 1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally. 1/26 -WP4276-2026+.DOC 2. These petitions under Article 227 of the Constitution of India assail the legality, propriety and correctness of identical orders passed by the learned Civil Judge in RCS/2249/2019 and RCS/2248/2019, whereby the applications preferred by the petitioners – defendant Nos.1 and 2 seeking permission to file counter-claim in the respective suits came to be rejected. 3. Since the petitions arise out of almost identical fact- situation, they were heard together finally with the consent of the Counsel for the parties. 4. For the sake of the convenience and clarity, the parties are hereinafter referred to in the capacity in which they are arrayed in the respective suits. 5. Shor