1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.254 OF 2008 IN CIVIL REVISION APPLICATION NO.124 OF 2008 Laxman G. Sawat ...Applicant. v. Shri Vitha Loljai V.K.S.& Ors. ...Respondents. Mr. Shriniwas S. Patwardhan, adv. For the Applicant. Mr. A.M.Kulkarni, adv. For the Respondents. CORAM : J.H. BHATIA, J. DATED : SEPTEMBER 8, 2010 P.C. 1 Heard the learned counsel for the parties. In Civil Revision Application No.124 of 2008, this Court had granted interim relief in terms of prayer clause (c) and to stay the orders of the Co-operative Court and appellate Court whereby the enrollment of 108 members was struck down. The learned counsel for the applicant, who is original plaintiff and respondents in the revision application, makes a statement that separate election petition has been filed challenging the election of certain persons on the ground that those 108 persons were not entitled to vote and participate in the election and, therefore, whether they were entitled to participate or not may be an independent issue and, therefore, 2 stay granted by this Court may be so modified that it may not be applicable to the election petition. As the Civil Revision Application has been admitted and it is not sure when it will come up for the hearing , it will be in the interest of justice to grant reliefs sought in the present application. 2 Therefore, it is clarified that the stay in Civil Revision Application No.124 of 2008 shall not be applicable to the dispute no.785 of 2007 wherein certain elections are challenged. For the purpose of deciding that dispute, Co-operative Court may take independent view about the eligibility of the disputed 108 members to participate and vote in the election. 3 Application stands disposed off accordingly. (J.H. BHATIA,J.)