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Dispute between a Co-operative Housing Society and an individual regarding eviction. Validity of an ad interim injunction granted by the Small Causes Court. Jurisdiction of the Small Causes Court to grant injunction against proceedings before an Officer on Special Duty under the Maharashtra Co-operative Societies Act. Analysis: The case involved a dispute between a Co-operative Housing Society and an individual regarding the eviction of the individual from premises belonging to the Society. The matter was referred to the Officer on Special Duty for adjudication under the Maharashtra Co-operative Societies Act. However, during the pendency of the case before the Officer, the individual filed a declaratory suit in the Small Causes Court claiming to be a monthly tenant and obtained an ad interim injunction against the Society and another party from proceeding with the arbitration case before the Officer. The High Court emphasized that judicial amity and wisdom require that when a matter is pending before an Officer on Special Duty under the Maharashtra Co-operative Societies Act, a Judge of the Small Cause Court should not grant an injunction restraining the parties from proceeding with that matter. The Court cited Section 41(b) of the Specific Relief Act 1963, which prohibits granting an injunction to restrain a person from prosecuting a judicial proceeding in a Court not subordinate to the Court from which the injunction is sought. It was established that an Officer on Special Duty is considered a court in the eye of the law and not subordinate to the Small Cause Court. The judgment referenced a previous decision affirming this view, where the injunction granted by the Small Cause Court was set aside. The Court held that the Small Cause Court acted without jurisdiction in ordering the ad interim injunction against the petitioners from proceeding with the case before the Officer on Special Duty. Consequently, the High Court set aside the impugned order of the Small Causes Court and made the rule absolute with costs, allowing the application.
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