Margret Almeida Vs. Bombay Catholic Co-operative Housing Society Ltd.
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Head Note
Civil Law - Acquisition of interest
Maharashtra Co-operative Societies Act, 1961 - Section 94 - Powers of Co-operative Court - Acquisition of interest - Words "has acquired any interest" - The acquisition of interest is only an acquisition made during the pendency of dispute before the Co-operative Court.
Civil Law - Jurisdiction of Co-operative Court
Maharashtra Co-operative Societies Act, 1961 - Sections 91, 163 - Jurisdiction of Co-operative Court - Whether decision of the society to alienate the property of the society is a matter which is required to be resolved by the co-operative court - Held - Order of High Court that suits in question are not maintainable and the dispute could be examined exclusively by the cooperative court - Not sustainable.
The Code of Civil Procedure, 1908 - Section 9
Maharashtra Co-operative Societies Act, 1961, Section 91 - Jurisdiction of Court - Whether the High Court is right in going into the maintainability of the suits relating to alienation of the property by society - Course of action followed by the High Court is not only justified but also the Court is obliged to follow such a course of action in view of provision contained in Section 9A of Code.
The Code of Civil Procedure, 1908 - Order XXXIX Rule (1)
Interim order - Suits in question are to be tried by the High Court in exercise of original jurisdiction - Thus it is open to High Court to consider applications filed by plaintiffs for interim orders in accordance with law and pass appropriate orders.
Topic(s)-Powers of Co-operative Court , Acquisition of Interest , Jurisdiction of Co-operative Court , Jurisdiction of Court