Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1498 OF 2009 M/s.Rajendra Trading Co. ... Petitioner v/s 1. Tasgaon Taluka Sah. Kharedi Vikri Sangh Ltd., Tasgaon & ors. ... Respondents Mr.Vijay Mane for the petitioner. Mr.T.S.Ingale for the Resp. No.2. Mr.V.M.Mali for the Resp.No.3. CORAM: SMT.NISHITA MHATRE, J. DATED: 18TH JUNE, 2009 P.C.: 1. The petitioner in this petition has sought the following reliefs:- (a) Rule be issued; (b) This Hon’ble Court be pleased to call for records and proceedings from Ld. II Joint Civil Judge, Junior Division, Sangli, in Regular Darkhast No.247/1996 and after looking legality and propriety therein, impugned order dated 16.11.2005 passed by Ld. II Jt. Civil Judge, Junior Division, Sangli in Regular Darkhast No. 247/1996, be quashed and set aside; (c) That pending hearing and final disposal of the present writ petition, the execution, implementation and/or operation of the impugned order dated 16.11.2005 passed by Ld. II Jt. Civil Judge, Junior Division, Sangli in Regular Darkhast No.247/1996, be stayed; (d) That pending hearing and final disposal of the present writ petition, further proceeding in Regular Darkhast No.247/1996, be stayed; (e) Interim and ad-interim order in terms of prayer clause (c) and (d) above, be granted; (f) Such other and further reliefs as this Hon’ble Court may deem fit and proper be granted.” 2. The petitioner has also filed Writ Petition No. 8768 of 2005 which was disposed of on 22.12.2005. In this petition, the prayers of the petitioner were as follows:- “(a) Rule be issued and record and proceed be called for; (b) By issuing appropriate writ, order and/or direction this Hon’ble Court be pleased to quash and set aside the impugned order dated 16.11.2005 passed by the Civil Judge, Junior Division, Sangli below Exh.1 in Regular Darkhast No.247 of 1996 and further be pleased to allow the objections raised by the petitioner; (c) Pending the hearing and final disposal of this writ petition, this Hon’ble Court be pleased to stay the effect, operation and execution of the impugned order dated 16.11.2005 passed by the Civil Judge, Junior Division, Sangli below Exh.1 in Regular Darkhast No.247 of 1996; (d) Interim/ad-interim relief in terms of prayer clause “c” above be granted; (e) Such other further order as this Hon’ble Court may deem fit and proper pleased to pass in the peculiar facts and circumstances of the case.” 3. While disposing of the petition, the learned Judge had permitted the petitioner to approach the appellate Court. 4. The petitioner then filed Writ Petition No.4192 of 2006 in which the prayers are as follows:- “(a) Rule be issued and record and proceed be called for; (b) By issuing appropriate writ, order and/or direction this Hon’ble Court be pleased to quash and set aside the impugned judgment and order dated 6.6.2006 passed by the Divisional Joint Registrar, Co-operative Societies, Kolhapur Division, Kolhapur in Appeal No.3/2006 and further be pleased to allow the appeal No. 3/2006 filed by the petitioner herein; (c) Be pleased to quash and set aside the order dated 16.11.2005 passed by the Civil Judge, Junior division, Sangli below Exh.1 in Regular Darkhast No.247 of 1996 and further be pleased to set aside the order of eviction passed by the liquidator; (d) Pending the hearing and final disposal of this writ petition, this Hon’ble Court be pleased to stay the effect, operation and execution of the impugned order dated 16.11.2005 passed by the Civil Judge, Junior Division, Sangli below Exh.1 in Regular Darkhast No.247 of 1996; (d) Interim/ad-interim relief in terms of prayer clause “c” above be granted; (e) Such other further order as this Hon’ble Court may deem fit and proper pleased to pass in the peculiar facts and circumstances of the case.” That petition has also been disposed of by an order on 12.6.2007. 5. It is, therefore, obvious that from the prayers in the three petitions that the petitioner has consistently been seeking a prayer for quashing the order passed in Regular Darkhast No.247 of 1996 on 16.11.2005 by the Civil Judge, Jr.Divn., Sangli. 6. In my opinion, the petitioner cannot be permitted to contend in this petition as well that the order passed in Regular Darkhast No.247 of 1996 on 16.11.1995 should be quashed. This prayer has already been considered in the aforesaid two writ petitions i.e. Writ Petition Nos. 8768 of 2005 and 4192 of 2006. 7. Writ petition rejected. 8. Ad-interim relief, if any, stands vacated. .....