aakash singh 30 October 2023

Can a cooperative court decree stop redevelopment of cooperative housing society?

Hi Lawyers,

I have a Cooperative court Decree in my favour which states 100 square feet of area to be given by Housing Society. But the cooperative housing society does not care about it and do their Gunda Gardi Dadagiri. If I put decree for execution in cooperative court, can cooperative court stop Redevelopment with respect to stay order. I have the execution certificate from Court. Contempt of court has already happened with no execution of decree from society. Because my area has not been defined by the society in its records. They are Going forward with redevelopment and have also choosen a builder forcefully.

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Quick Summary

A homeowner with a favourable cooperative court decree for 100 sq ft of area is facing resistance from their housing society, which is proceeding with redevelopment and has even appointed a builder. Despite having an execution certificate and the society ignoring the decree, the homeowner is asking if the cooperative court can issue a stay order to stop the redevelopment. The advice suggests filing an execution petition to enforce the decree, potentially with police assistance if the society obstructs.

2 Replies

Dr. J C Vashista (Advocate ) 30 October 2023

Can a Cooperative Court pass a decree ?

If so, consult your lawyer or a local prudent lawyer with relevant decree

T. Kalaiselvan, Advocate (Advocate) 30 October 2023

you can file an execution petition by following due process of law to execute the decree obtained in your favor and if necessary with the assistance of police if you anticipate the society to illegally stop you.