1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3552 OF 2005 WRIT PETITION NO.3552 OF 2005 WRIT PETITION NO.3552 OF 2005 Omkar Vachapurty Co-op. Hsg. Omkar Vachapurty Co-op. Hsg. Omkar Vachapurty Co-op. Hsg. Society (proposed) & Ors. ...Petitioners Society (proposed) & Ors. ...Petitioners Society (proposed) & Ors. ...Petitioners Vs. Vs. Vs. Manish Dharnidhar Shah & Ors. ...Respondents Manish Dharnidhar Shah & Ors. ...Respondents Manish Dharnidhar Shah & Ors. ...Respondents ----- ----- ----- Mr.A.K.Abhyankar Adv. with Mr. N.V.Mhatre Adv. for Mr.A.K.Abhyankar Adv. with Mr. N.V.Mhatre Adv. for Mr.A.K.Abhyankar Adv. with Mr. N.V.Mhatre Adv. for Petitioners Petitioners Petitioners Mr. Y.S.Jahagirdar, Sr. Adv. i/b. M/s. S.Pathak & Mr. Y.S.Jahagirdar, Sr. Adv. i/b. M/s. S.Pathak & Mr. Y.S.Jahagirdar, Sr. Adv. i/b. M/s. S.Pathak & Co. for Respondent No.1 Co. for Respondent No.1 Co. for Respondent No.1 Mrs. M.P. Thakur, A.G.P. for Respondents 2 to 4 Mrs. M.P. Thakur, A.G.P. for Respondents 2 to 4 Mrs. M.P. Thakur, A.G.P. for Respondents 2 to 4 CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. DATED: 13TH DECEMBER, 2005 DATED: 13TH DECEMBER, 2005 DATED: 13TH DECEMBER, 2005 P.C. P.C. P.C. . Rule. Heard forthwith. . Rule. Heard forthwith. . Rule. Heard forthwith. 2. It is not necessary to consider various 2. It is not necessary to consider various 2. It is not necessary to consider various contentions as raised in the Petition or the findings contentions as raised in the Petition or the findings contentions as raised in the Petition or the findings recorded by the Appellate Authority. The fact remains recorded by the Appellate Authority. The fact remains recorded by the Appellate Authority. The fact remains that the Respondent no.1 is the owner of the property that the Respondent no.1 is the owner of the property that the Respondent no.1 is the owner of the property and he had no opportunity of contesting the and he had no opportunity of contesting the and he had no opportunity of contesting the proceedings before Respondent No.2. In the light of proceedings before Respondent No.2. In the light of proceedings before Respondent No.2. In the light of that the impugned order dated 24th November 2004 in that the impugned order dated 24th November 2004 in that the impugned order dated 24th November 2004 in Appeal No.17 of 2004 is set aside, so far as CTS 436 Appeal No.17 of 2004 is set aside, so far as CTS 436 Appeal No.17 of 2004 is set aside, so far as CTS 436 is quashed and set aside. The matter is remanded to is quashed and set aside. The matter is remanded to is quashed and set aside. The matter is remanded to Respondent No.2 to re-hear the parties and thereafter Respondent No.2 to re-hear the parties and thereafter Respondent No.2 to re-hear the parties and thereafter pass appropriate orders according to law. The pass appropriate orders according to law. The pass appropriate orders according to law. The 2 Petitioners and Respondent No.1 to appear before Petitioners and Respondent No.1 to appear before Petitioners and Respondent No.1 to appear before Respondent No.2 on 27th December 2005 for further Respondent No.2 on 27th December 2005 for further Respondent No.2 on 27th December 2005 for further directions. directions. directions. . Rule made absolute accordingly. No order as . Rule made absolute accordingly. No order as . Rule made absolute accordingly. No order as to costs. to costs. to costs. (F.I.REBELLO J.) (F.I.REBELLO J.) (F.I.REBELLO J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)