1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7207 OF 2008 Mr.Jitesh Ratanshi Vaya & Anr. ..Petitioners. V/s. The State of Maharashtra & Ors. ..Respondents. Mr.A.M.Sarogi for petitioners. Mr.P.S.Dani for Respondent No.3. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 4, 2009. DATE : FEBRUARY 4, 2009. DATE : FEBRUARY 4, 2009. P.C. : P.C. : P.C. : 1. Heard. 2. The argument of the Petitioners that the Respondent Society has not disclosed the fact that it is the owner of the property clearly overlooks the legal position that the Respondent Society is the tenant copartnership housing society, which held both land and building either on leasehold or free hold basis and allotted them to members. If that is the type of society, the question of doubting ownership of the Respondent Society in the building does not arise. 3. Counsel for the Petitioners submits that the 2 land is yet to be conveyed in the name of society. Even so, there can be no other way of answering the issue on hand having regard to the definition of Housing Society in Rule 10. 4. The Counsel for the Petitioner fairly accepted that if the Society is the owner of the building then it is not open for him to challenge the order of the lower Court permitting amendment. 5. No interference in exercise of writ jurisdiction is warranted. Dismissed. 6. Amendment be carried out within two weeks from today. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)