wp659-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.659 OF 2011 Usha Jhaveri .. Petitioner Versus State of Maharashtra & Ors. .. Respondents Mr.D.D.Madon, Senior Advocate with Mr.Cyrus Ardeshir, Atul Daga i/b. Vivek Sharma for the petitioner Mr.Y.S.Jahagirdar, Senior Advocate with Mrs.Vanita Kakar for respondent Nos. 6 and 7 Mr.A.I.Patel, AGP for respondent Nos. 1 to 3. CORAM : S.C.DHARMADHIKARI, J. DATE : 4th July 2011. P.C.: 1] The petitioner is aggrieved by the order passed by the Divisional Joint Registrar, C.S. rejecting the application being Revision Application No.175 of 2009 to challenge the order dated 21st May 2009 of the Deputy Registrar, C.S. A ward, Mumbai. 2] The grievance of the petitioner is that the society has admitted and enrolled one R.K.Upadhyay as a member. He is wp659-11.doc 2 original respondent No.2. The property has been acquired by him from the original respondent No.4, M.M.Trust. Petitioner submits that the Trust had entered into an agreement but the sale has been concluded not with the petitioner but the said Mr.Upadhyay. The suit is filed in this Court challenging all these acts and it is pending. During the pendency of the same, the society could not have admitted the said Upadhyay as member. 3] It is right that the society is not concerned with the disputes between the parties relating to right, title and interest in respect of immovable property. The society has to recognise somebody soas to collect maintainance and other dues and to ensure that the same is paid regularly. The society can never adjudicate inter se rights and remedies of the parties in that behalf lie elsewhere. Once it is admitted case that the suit is filed and it is pending, the society will have to abide by the outcome of the same and depending upon legal rights of the parties to the said suit, give effect to the declaration, judgement wp659-11.doc 3 and decree rendered therein. In these circumstances, this is not a fit case for interference as none of the observations in the impugned order can influence the decision in the civil suit, which is substantive and the only remedy of the petitioner. Once it is stated that the society will now inform not only the present occupants but all those who are claiming any right, title and interest in the property that the civil suit is pending and that it will abide by the declaration of the competent court in that behalf, there is no reason to interfere. The directions of the authorities must be read in this manner. The society will give effect to the orders and directions without prejudice to the rights and contentions of the contesting parties in the suit and subject to final orders therein. Petition dismissed. No costs. (S.C.DHARMADHIKARI, J)