bsb 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 JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 8224 OF 2008 PETITION NO. 8224 OF 2008 PETITION NO. 8224 OF 2008 Sou.Chandraprabha Devendra Agase ... Petitioner v/s Solapur Mahanagarpalika Sarvashadharan Sevakanchi Sah. Pat Sanstha (Maryadit); & ors. ... Respondents Mr.S.A.Kumbhakoni for the petitioner. Mr.Anand S. Kulkarni for respondent Nos.1 to 4. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 24TH APRIL, 2009 24TH APRIL, 2009 24TH APRIL, 2009 P.C. P.C. P.C.: 1. This petition can be disposed of at the stage of admission itself. 2. The petitioner contends that the respondent Society was negligent in conducting the matter before the Trial Court and, therefore, the Trial Court had decreed the dispute on 23.4.2008. The petitioner was directed to be paid subsistence allowance from 1.4.2004 till there was a valid termination by respondent No.1 Society. 3. Aggrieved by this decision, the Society preferred an 2 appeal before the Co-operative Appellate Court. The appellate Court has remanded the matter to the Trial Court directing the Trial Court to afford an opportunity to the respondent Society to cross-examine the petitioner and to lead their own evidence. The Trial Court has been directed to dispose of the dispute within three months from the date of appearance of the parties. 4. In my opinion, there is no perversity in the order and, therefore, it need not be set aside under Article 227 of the Constitution of India. 5. Parties are directed to appear before the Trial Court on 4.5.2009 at 11.00 a.m. The respondent Society must be ready to cross-examine the disputant i.e. the petitioner herein on that date. 6. The Trial Court will permit the Society to lead their own evidence immediately thereafter. 7. The Trial Court will dispose of the matter within three months from 4.5.2009. 8. Writ petition disposed of accordingly.