Sadashiv Nagappa Kadam Vs State of Maharashtra & Ors. (Bombay High Court)
The Bombay High Court considered a petition challenging the legality and correctness of the orders passed by the Divisional Joint Registrar in Revision Application No. 391 of 2024, whereby respondent No. 2 was granted liberty to approach the respondent housing society for membership in respect of the disputed flat. The petitioner contended that the Cooperative Court, by its award dated 10 March 1998, had already declared the petitioner as the duly approved member, held that respondent No. 2 had no right, title or interest in the flat, and directed delivery of possession. It was argued that the Registrar, while exercising powers under Sections 79 and 154B-27 of the Maharashtra Cooperative Societies Act, 1960, lacked jurisdiction to adjudicate issues relating to membership or proprietary rights and exceeded statutory authority by granting respondent No. 2 liberty to seek membership.
Respondent No. 2 relied upon the High Court’s earlier judgment in Writ Petition No. 3678 of 2000 and connected matters, submitting that the Cooperative Court’s award had been made subject to the outcome of a civil suit regarding entitlement to the flat. It was further contended that although the civil suit had already been withdrawn when the earlier judgment was delivered, this fact had not been brought to the Court’s notice. Respondent No. 2 also referred to Review Petition (St) No. 30028 of 2023, in which it was observed that dismissal of the substantive suit for non-prosecution would nevertheless regulate the parties’ inter se rights. On that basis, respondent No. 2 argued that the Cooperative Court’s award had become inexecutable and that principles analogous to Order XXIII Rule 1 of the Code of Civil Procedure, 1908 precluded the petitioner from re-agitating the claim.
