1 23.wp10390.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10390 OF 2011 WITH CIVIL APPLICATION NO. 2680 OF 2011 AND CIVIL APPLICATION NO. 2729 OF 2011 Shri Kamlesh J. Patadia & ors. ....Petitioners. Vs. New Chandraoday Cooperative Housing Society Ltd. & ors. ....Respondents Mr. A.A.Kumbhakoni with Mr. Ajit Tamhane, Ms. Savita Sawalkar & Avinash Ghadge i/b. M/s. Tamhane & Co., Advocate for Petitioners. Mr. Kishor Tembe i/b. Mr. D.S.Mahamuni, Advocate for Respondent Nos. 2 to 7 and 10. Mrs. P.S. Cardozo, AGP for Respondent No. 13. Mr. R.N. Kachare i/b. Mr. Dipti Shah, Advocate for intervener. CORAM:- GIRISH GODBOLE, J DATED:- DECEMBER 16, 2011 P.C. 1. Heard Mr. Kumbhakoni, Advocate for the Petitioners and Mr. Tembe, Advocate for Respondent Nos. 2 to 7 and 10. It is informed that Respondent No. 11 has died. 2 23.wp10390.11 2. Considering the nature of controversy involved in this Petition, in my opinion interests of justice will be served if this Petition is disposed off by passing following order. I must indicate that the learned Advocates who are appearing before me have consented for disposal of the Writ Petition in terms of this order. 3. 3 disputes from which the present Petition arises, namely Dispute No. 173/2009, Dispute No. 249/05(old Dispute No. 746/2004) and Dispute No. 366/07 are pending before the Cooperative Court No. II, Mumbai. The dispute involved in all these disputes is interrelated and interconnected and common questions of law and fact will arise in all the disputes and many of the parties are also common. 4. In view of this, it is hereby directed that the learned Judge of Cooperative Court No. II shall club all the aforesaid 3 disputes together and all the disputes shall be heard and disposed off on merits expeditiously and in any case on or before 31st December, 2012. If any heirs are to be brought on record that exercise shall be completed preferably on or before 29th February, 2012. It is clarified that the observations made in the impugned orders had been made only for the 3 23.wp10390.11 purpose of deciding interim applications and while hearing the disputes finally, the learned Judge of the trial Court will not be influenced by any of these observations which were only tentative observations. 5. All the contentions of the parties are kept open to be agitated in the disputes. Till the disposal of the disputes, though the normal working of the Society and conduct of its general body meeting can take place, it is directed that no resolution for redevelopment of the A and B wing buildings of the Society shall be taken up for consideration. 6. Civil Application being Civil Application No. 2729 of 2011 for intervention was sought to be tendered by the Advocate Mr. Rajesh Kachare on behalf of the Harilal Patel and Yatin Dave. Mr. Kumbhakoni states that without prejudice to the respective rights and contentions, the Petitioners who are disputants in the aforesaid 3 disputes will implead Harish Patel and Yatin Dave as party defendants in the disputes though there are not necessary parties. Statement accepted. Accordingly, the said 2 persons will stand impleaded as defendants in the said disputes, if they are not already party. Their participation will be without prejudice to the rights and contentions of the contesting Respondents. This order is passed with a view to ensure that no further time is lost in the interlocutory 4 23.wp10390.11 proceedings. 7. Writ Petition is disposed of on the aforesaid terms. In view of the disposal of the Writ Petition, both the Civil Applications are also disposed of accordingly. (GIRISH GODBOLE, J)