Circuit Bench Nagpur

StateCommission

A/11/54

WASUDEO CO-OP HOUSING SOCIETY LTD - Complainant(s)

Versus

HUKUMCHAND S/O RADHURAM PAHUJA - Opp.Party(s)

ADV.SUDHIR DHURVE

02 May 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
 
First Appeal No. A/11/54
(Arisen out of Order Dated 13/01/2011 in Case No. EA/10/15 of District )
 
1. WASUDEO CO-OP HOUSING SOCIETY LTD
THROUGH THE ADMINSTRATOR SHRI TRAMBAK T.KHARBHIKAR OFFICE AT MAH.STATE HOUSING FINANCE CORP.RAVIRAJ BUILDING RAMDASPETH NAGPUR
NAGPUR
MAHARASHTRA
...........Appellant(s)
Versus
1. HUKUMCHAND S/O RADHURAM PAHUJA
R/O CHINIS NAGAR BYRAMJI TOWN,NAGPUR
NAGPUR
MAHARASHTRA
2. SHANDARAO S/O KISANRAO CHITNIS
R/OSHANKAR NIWAS CHITNIS NAGAR NAGPUR
NAGPUR
MAHARASHTRA
3. SHANDARAO S/O KISANRAO CHITNIS
R/OSHANKAR NIWAS CHITNIS NAGAR NAGPUR
NAGPUR
MAHARASHTRA
4. M/S. AAKAR BUILDERS
R/O 200,SHIVRAJ NAGAR NAGPUR
NAGPUR
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
  HON'BLE P.N.KASHALKAR PRESIDING MEMBER
  HON'BLE SMT.JAYSHREE YENGAL MEMBER
 
PRESENT:ADV.SUDHIR DHURVE, Advocate for the Appellant 1
 
ORDER

 

Appellant has challenged the interim order passed by the District Forum dated 13/1/2011 in execution proceeding No.15/10 filed by the Respondent/complainant/decree holder. However, we are finding that appeal as filed U/s 27 A against some interim order passed by the District Forum dated 13/1/2011 is not maintainable and such orders can be challenged by filing Revision Petition. Hence both the appeals are dismissed with liberty to the appellant to file Revision Petition if so advised.

Hence the order…

 

                                                            ORDER

 

1)      Appeal is summarily dismissed as not maintainable.

2)      No order as to cost.

3)      Inform the parties accordingly.

 

Delivered on 02/05/2011.

 

Even before issuing notice to the other side in this appeal, after hearing Adv.Dhurve for the appellant, we are proceeding to dismiss the same.

Appellant has challenged the interim order passed by the District Forum dated 13/1/2011 in execution proceeding No.15/10 filed by the Respondent/complainant/decree holder. However, we are finding that appeal as filed U/s 27 A against some interim order passed by the District Forum dated 13/1/2011 is not maintainable and such orders can be challenged by filing Revision Petition. Hence both the appeals are dismissed with liberty to the appellant to file Revision Petition if so advised.

Hence the order…

 

                                                            ORDER

 

1)      Appeal is summarily dismissed as not maintainable.

2)      No order as to cost.

3)      Inform the parties accordingly.

 

Delivered on 02/05/2011.

 
 
[ HON'BLE P.N.KASHALKAR]
PRESIDING MEMBER
 
[ HON'BLE SMT.JAYSHREE YENGAL]
MEMBER

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