1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4795/2009 (Soma H. Patil ..vs.. Smt. Durpadabai B. Dhengade and others) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 10, 2009 Heard Advocate Shri S.P.Gadling for the petitioner. He states that the petitioner is in possession since last more than 25 years and agreement in his favour is also signed by the disputants. He further points out that Sale Deed in favour of petitioner is by the Society. According to him, in these circumstances, by restraining him from constructing on said plot, the Co-operative Appellate Court has put him in difficult situation as he has already pulled down his residential structure. The order passed by the Co-operative Appellate Court is dated 24/9/2009 and the appellate court has also directed the Co-operative Court to decide the Dispute case within a period of Six months. Considering the nature of dispute, it is apparent that if 2 structure is allowed to be raised, the prejudice will be caused not only to original disputants, but also to the present petitioner. Hence, I am not inclined to interfere in the matter in writ jurisdiction. Without prejudice to the contentions raised by the petitioner, the writ petition is, therefore, dismissed. No order as to costs. JUDGE diwale.