-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7180 OF 2008 Surendra D. Deshmukh. ..Petitioner. Versus Nav Ajantha Co-op. Hsg. Society Ltd & 12 others. ..Respondents. Mr. S. s. Kanetkar for the petitioner. Mr. R. V. Govilkar for respondent nos. 1, 5, 7 to 12. Coram : R. V. MORE, J. Date : June 30, 2010. P. C. : 1. Heard learned counsel for the respective parties. 2. By the order impugned in this petition, petitioner's application for permission to prosecute the respondents under section 148(3) of the Maharashtra Co-operative Societies Act, 1960 is rejected. It is pointed out by Mr. Kanetkar, learned counsel that the petitioner–Surendra Deshmukh expired on 15th March 2010. The application before the Divisional Joint Registrar was filed by the petitioner in her capacity as member of the Co-operative Society. After the death of the petitioner, cause of action will not survive and therefore the petition stands abated. . 3. However, it is clarified that the present order will not come in the way of other members of respondent no.1 – society for filing application under section 148(3) of the Act. With these observations, writ petition is disposed. (R.V. MORE, J.) srp