wp5658-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5658 OF 2011 Ashok Sankar Kadvadkar & Ors. ... Petitioners. V/s. Dinanath Co-op. Hsg. Soceity Ltd., & Anr. . ... Respondents. --- Mr. S.U. Pandey a/with Mr. V.S. Pandey & Mr.Abhijit Mahadik for the Petitioners. Mr. S.U. Kamdar i/by N.N.Bhadrashete for the Respondent No.1. Mr. Naushad Engineer i/by M/s. Vinod Mistry & Co. for the Respondent No.2 --- CORAM: G.S. GODBOLE, J. DATED : 28th NOVEMBER, 2011. P.C. : 1 Perused the earlier Orders dated 22.07.2011, 16.09.2011 and 25.11.2011. Mr. Kamdar and Mr. Engineer had sought time to take instructions. Accordingly they have taken instructions. 2 By consent the Judgment and Order dated 26th May, 2011 passed by the learned Judge in charge, Co-operative Court No. IV, Mumbai below wp5658-11.sxw 2 Exh. 5 in Dispute No. CC/IV.279 of 2010 as also the impugned Judgment and Order dated 11th July, 2011 passed by the learned Judge, I/c President of the Maharashtra State Co-operative Appellate Court, Mumbai below Exh. 5 in A.O. No. 71/2011 are quashed and set aside. 3 Application filed by the Disputants below Exh.5 in the Dispute No.CC/IV/279 of 2010 is dismissed as not pressed in view of the fact that the said Dispute along with the connected Cross Dispute is being directed to be disposed of expeditiously. In view of this, the A.O. No. 71/2011 does not survive and the same is also disposed off. The learned Judge of the Co-operative Court No.IV, Mumbai is directed to club Dispute No.CC- IV/279 of 2010 filed by Dinanath CHS Ltd., against the Petitioners and Dispute No. CC/IV/231 of 2010 filed by the Petitioners against the Respondent Society together. The following time table is fixed for expeditious disposal of the said Disputes. i Written statement of the respective parties shall be filed within three weeks from today i.e. on or before 19.12.2011. ii Inspection of documents shall be completed and issues shall be framed on or before 31.12.2011. iii The Affidavit of Examination-in-Chief in both the Disputes by wp5658-11.sxw 3 the Disputants and documents shall be filed on or before 14.01.2012 and the actual evidence shall commence thereafter. iv Both the Disputes shall be decided on their own merits on or before 30th April, 2012. v It is made clear that none of the parties shall seek any un- necessary adjournments and only in exceptional circumstances, the Court will grant the adjournment. vi All contentions of the parties on merits of the controversy are kept open and the Court will not be influenced by the order passed below Exh. 5 in Dispute No. CC/IV/279 of 2010 or below Exh. 5 in A.O. No. 71/2011 or by this order. 4 Writ Petition is disposed off with the aforesaid directions. [G. S. GODBOLE, J.]