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Judgment
THIS is an appeal against the order of District Forum, Kolhapur dated 29.12.93 passed in Complaint No. .1/93. The complaint was lodged by complainant viz. Vishwanath Nagwekar before the District Forum, Kolhapur alleging that he is in possession of plot bearing No. B-28 since the year 1962-63 and the ownership right has not been transferred in his favour. The complainant wanted to construct the houses on the said plot but the had objected for the construction of the houses. By the impugned order, the District Forum allowed the complaint and directed the to pay Rs. 2250/- with interest to complainant and pay Rs. 1000/- towards the damages.
WE have heard Mr. Nalawade, the learned Advocate for appellant and Mr. Ganesh Wasker, the learned Advocate for the respondent. A certified copy of the judgment rendered by the Judge of the Co-operative Court in Case No. 460/216/1991 dated 21.3.91 is placed on record. By the aforesaid order, the Co-operative Court has confirmed the earlier injunction vide final order dated 21.3.92 restraining complainants to enter the plots No. B-28 and B-29, for any purposes and has also restrained from doing any construction on the aforesaid two plots. After the aforesaid judgment was pronounced the impugned order has been passed by the District Forum, Kolhapur which runs contrary to the finding of the Co-operative Court. We find that in view of the adjudication of the dispute between the parties and after the pronouncement by the Competent Court of jurisdiction on the subject, the District Forum should have declined to adjudicate the consumer dispute in question. Since, despite the aforesaid judgment of Co-operative Court, the District Forum has proceeded further to decide the consumer dispute, it is bad in law and against the propriety and requires to be set aside. The Competent Court of jurisdiction has already adjudicated the dispute on identical issues concerning the same property. Hence, the impugned order cannot be sustained. ORDER
The appeal is allowed. The impugned order is, hereby set aside. Parties to bear their own costs. Appeal allowed.