1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1557 OF 2009 Dattaram Sahadev Shelar .. Petitioner. Vs. Kamgar Panch Ganga Co-operative Housing Society Ltd. and Ors. .. Respondents. Mr.R.S.Apte, Sr.Counsel with Mr.S.K.Chaturvedi i/b M/s.Chaturvedi and Associates for the petitioner. Mr.Vijay Patil for respondent no.2. Mr.R.M.Patne A.G.P. for the State. Coram : D.B. BHOSALE, J. Dated : 1ST SEPTEMBER, 2009 P.C. . Heard learned counsel for the parties. 2. This petition is arising from the orders passed by the authorities below rejecting the petitioner’s application seeking membership of respondent no.1-society. The petitioner claims that he purchased a flat in the respondent-society from the predecessors of respondent nos.2 and 3. Admittedly, respondent no.2 is in possession of the flat in dispute and she was admitted as a member of the respondent-society, after the death of her husband. Admittedly, the petitioner has already filed a dispute being dispute No.CC/IV/461 of 2004 seeking declaration that he is entitled for vacant possession of the flat in dispute and for possession. The dispute is 2 pending before the IVth Co-operative Court, Mumbai. In view thereof I am satisfied that the following order shall meet the ends of justice: (a) It is open to the petitioner to approach respondent no.1- society afresh if he ultimately succeeds in the dispute filed by him seeking declaration and possession of the suit flat. (b) The Co-operative Court shall decide the dispute on merits in accordance with law and without being influenced by the observations made in the impugned orders. (c) All contentions of the parties including the contention of respondent no.2 regarding maintainability of the dispute under section 91, are kept open. (d) The IVth Co-operative Court shall endeavour to dispose of the dispute as expeditiously as possible and preferrably within a period of one year from the date of receipt of this order. With these observations the writ petition is disposed of. (D. B. Bhosale, J.)