1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.4964 OF 2005 NO.4964 OF 2005 NO.4964 OF 2005 Shri Shri Shri Raghunath Raghunath Raghunath Ramchandra Boite & ors.Petitioner Ramchandra Boite & ors.Petitioner Ramchandra Boite & ors.Petitioners vs vs vs Gahininath Gahininath Gahininath Nagri Sahakari Pat Nagri Sahakari Pat Nagri Sahakari Pat ...... Sanstha Sanstha Sanstha Marydit, Marydit, Marydit, Turambe ... Respondents Turambe ... Respondents Turambe ... Respondents Mr.V.K.Choudhary Mr.V.K.Choudhary Mr.V.K.Choudhary i/b i/b i/b Ms.Seema Singh for Ms.Seema Singh for Ms.Seema Singh for Petitioners Petitioners Petitioners Mr.R.S.Khadapkar Mr.R.S.Khadapkar Mr.R.S.Khadapkar for Respondents for Respondents for Respondents CORAM CORAM CORAM : : : S.C.Dharmadhikari, J S.C.Dharmadhikari, J S.C.Dharmadhikari, J DATED DATED DATED : : : 7th February, 2008 7th February, 2008 7th February, 2008 P.C. P.C. P.C. For For For the reasons stated in the accompanying the reasons stated in the accompanying the reasons stated in the accompanying Civil Civil Civil Application, Writ Petition is restored to Application, Writ Petition is restored to Application, Writ Petition is restored to file file file and placed for admission forthwith. and placed for admission forthwith. and placed for admission forthwith. 1.1.1. Heard Dr.Chaudhary for the petitioners and Heard Dr.Chaudhary for the petitioners and Heard Dr.Chaudhary for the petitioners and Mr.Khadapkar Mr.Khadapkar Mr.Khadapkar appearing for the respondents. appearing for the respondents. appearing for the respondents. Perused Perused Perused the impugned order. On own showing of the the impugned order. On own showing of the the impugned order. On own showing of the petitioners, petitioners, petitioners, there is a delay of 61 days in filing there is a delay of 61 days in filing there is a delay of 61 days in filing of of of the application before the Cooperative Court for the application before the Cooperative Court for the application before the Cooperative Court for restoration. restoration. restoration. The restoration application was The restoration application was The restoration application was dismissed dismissed dismissed and which order has been set aside by the and which order has been set aside by the and which order has been set aside by the Maharashtra Maharashtra Maharashtra State Cooperative Court. All that has State Cooperative Court. All that has State Cooperative Court. All that has happened happened happened is that the Dispute No.866 of 1989 is is that the Dispute No.866 of 1989 is is that the Dispute No.866 of 1989 is restored restored restored to the file of the Cooperative Court. In to the file of the Cooperative Court. In to the file of the Cooperative Court. In such such such circumstances, there is no prejudice when the circumstances, there is no prejudice when the circumstances, there is no prejudice when the delay delay delay was of 61 days, and the was of 61 days, and the was of 61 days, and the respondent-society/original respondent-society/original respondent-society/original disputant has disputant has disputant has satisfactorily satisfactorily satisfactorily explained the same. No reason to explained the same. No reason to explained the same. No reason to interfere. interfere. interfere. The Writ Petition is dismissed. The Writ Petition is dismissed. The Writ Petition is dismissed. 2 However, However, However, the dispute is of 1989 and must be given the dispute is of 1989 and must be given the dispute is of 1989 and must be given priority priority priority for disposal by the concerned Cooperative for disposal by the concerned Cooperative for disposal by the concerned Cooperative Court. Court. Court. All contentions on merits are kept open. All contentions on merits are kept open. All contentions on merits are kept open. (S.C.Dharmadhikari, (S.C.Dharmadhikari, (S.C.Dharmadhikari, J) J) J)