SSK/902 1 WP.7688.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7688 OF 2010 Shri Bashir I. Shaikh ....Petitioner Versus Chairman/Secretary, Oshiwara Adarsh Nagar Gulmohar Co-op. Hsg. Society Ltd. & Ors. ...Respondents Mr. V. S. Kapse i/b. Mr. Kuldeep S.Patil for the petitioner. Mr. Rishi Mishra for respondent no.1. Mr. C. R. Sonawane, AGP for respondent nos. 2 & 3. CORAM : SMT. RANJANA DESAI & RANJIT MORE, JJ. DATED : 3RD MARCH, 2011. P.C.: In this petition, the petitioner has challenged letter dated 9th July, 2010 addressed by the Deputy Registrar, Co-operative Society to the Chairman/Secretary, Oshiwara Adarsh Nagar Gulmohar Co-op. Hsg. Society Ltd.. 2. We have heard learned counsel for the petitioner at some length. There is a serious dispute as to how many members are there in respondent no.1-society. This disputed question cannot be decided by us in our writ jurisdiction. SSK/902 2 WP.7688.10 3. Learned counsel for the petitioner states that the petitioner has instructed him to withdraw the petition as he wants to file a dispute in the Co-operative Court raising the contentions which he has raised in this petition. 4. In the circumstances, we permit the petitioner to withdraw the petition. If any dispute is filed before the Co-operative Court, the Co-operative Court shall deal with the same independently and in accordance with law. We have not expressed any opinion on the merits of the case. The petition is allowed to be withdrawn and is disposed of accordingly. 5. In view of this order, Civil Application No.270 of 2011 stands disposed of. (RANJIT MORE, J.) (SMT. RANJANA DESAI, J.)