Kiniko Co-Operative Housing Society vs. The State Of Maharashtra
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Dinesh Maheshwari, Hon'ble Hrishikesh Roy
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
IA Allowed [205638/2022], Notice Returnable [D:0,W:4,M:0]
Listed On:
20 Jan 2023
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
205638/2022,205639/2022,205640/2022,
Original Order Copy
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Order Text
COURT NO.6
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL).................. Diary No(s).10389/2022
(Arising out of impugned final judgment and order dated 18-01-2022 in SA No.786/1999 passed by the High Court Of Judicature At Bombay At Aurangabad)
KINIKO CO-OPERATIVE HOUSING SOCIETY
Petitioner(s)
Respondent $(s)$
VERSUS
STATE OF MAHARASHTRA & ANR.
(IA No.205638/2022 - CONDONATION OF DELAY IN REFILING/CURING THE IA NO.205639/2022 - EXEMPTION FROM FILING C/C OF THE DEFECTS, IMPUGNED JUDGMENT, IA NO. 205640/2022 - EXEMPTION FROM FILING O.T.)
Date: 20-01-2023 This matter was called on for hearing today.
CORAM:
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE HRISHIKESH ROY
- For Petitioner(s) Mr. Vinay Navare, Sr. Adv. Mr. Shirish K. Deshpande, AOR Ms. Rucha Pravin Mandlik, Adv. Mr. Mohit Gautam, Adv. For Respondent(s) Mr. Sanjay Kumar Visen, AOR
- Mr. Ajit Bhasme, Sr. Adv. Mr. A Bhasme, Adv. Mr. Mukesh Kumar Pandey, Adv. Ms. Ritu Rastogi, Adv. Ms. Himani Bhatnagar, Adv.
UPON hearing the counsel the Court made the following $0 R D E R$
Delav in refiling is condoned.
Learned senior counsel for the petitioner submits that as per his instructions, there had not been any Commissioner's report Summarized on the record of the Trial Court as observed by the High <sup>1633</sup>C<sup>15</sup>Urt in Paragraph 22 of the order impugned. Learned senior counsel further submits that the consideration of the First Appellate Court and the High Court cannot be said to be in conformity with what was deposed by the official witness DW1-Syed Manzooruddin s/o Syed Ahemuddin.
Issue notice, returnable in four weeks.
Mr. Sanjay Kumar Visen, AOR accepts notice for Respondent No.2.
Notice be issued to the unrepresented respondent.
Dasti service, in addition to ordinary process is permitted.
In the meanwhile and until further orders, the interim order as passed by the High Court and continued under the order impugned shall remain in operation.
(ARJUN BISHT) (RANJANA SHAILEY)