wp1059-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1059 OF 2010 Panju Mahal Cooperative Society .. Petitioner Versus Naushad Panjwani & Ors. .. Respondents Mr.Vijay Nair i/b. Neha Palshikar Bhide for petitioner Mr.R.M.Patne, AGP for respondent Nos. 2 and 3. CORAM : S.C.DHARMADHIKARI, J. DATE : 4th July 2011. P.C.: 1] The only reason why the petitioner has approached this Court is that the signatories to the letter dated 20th March 2004, which is Annexure B to this petition, had approached the petitioner society and stated that their late mother Shirinbai Panjwani expired on or about 17th December 2003 and she was owner and occupier of Flat No.204, Second Floor, of the Building which is owned and managed by the petitioner society. The signatories to this letter claim that they are legal heirs of the late Shirinbai and the flat, therefore, should not be transferred in the name of any single individual/ heir. Relying upon this letter, the petitioner turned down the request of the first respondent. wp1059-10.doc 2 2] The first respondent approached the authorities under the Act and the Dy.Registrar, H-West Ward by an order dated 4th April 2009 declared one Naushad – first respondent as deemed member of the society in respect of this flat. The heirs did not approach the Divisional Joint Registrar but it is the society which approached and filed revision application. It is not known why the society is taking up cause of these heirs as society's plain duty was to abide by this order of the authority subject to the rights of the heirs. 3] Heirs were always free to approach the competent Court and seek declaration of their right, title and interest in the flat in that behalf. The society will have to abide by that adjudication. It is rather surprising that the society approaches the Authorities and this Court on their behalf. The petition is totally misconceived and is dismissed accordingly. (S.C.DHARMADHIKARI, J)