1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2160 OF 2007 WRIT PETITION NO. 2160 OF 2007 WRIT PETITION NO. 2160 OF 2007 Urmila Pradyumna Dalal & Anr. .. Petitioners. vs. P.V. Dangare & Anr. .. Respondents. Ms. Sonal i/by Zohair & Co. for Petitioners. Mr. L.A. Sakpal for Respondent nos. 1 & 2. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & K.K. TATED, JJ. K.K. TATED, JJ. K.K. TATED, JJ. DATE: 8TH AUGUST, 2008. DATE: 8TH AUGUST, 2008. DATE: 8TH AUGUST, 2008. P.C. . Heard the learned counsel for the petitioners. 2. Taking into consideration the subject matter of the petition we are of the view that it will be proper on the part of the petitioners to approach the managing committee of the society who have taken over the affairs of the society from the administrator and apply for permission to conduct tuition classes to kindergarten students. 2 3. We are making it clear that by passing such order, we have not adjudicated on any of the issues raised in the petition including that the petitioner cannot run a kindergarten classes in a flat without the permission of the society. On the other hand, we find that this would maintain harmony in the society and if the managing committee of the society is of the opinion that such running of kindergarten classes by the petitioner does not in any manner causes any nuisance to the members of the society then the society can consider the request favourably. 4. The learned counsel for the petitioners submits that the petitioners would apply to the Secretary of the society within a period of one week. On such application being forwarded to the Secretary of the society we will highly appreciate if the managing committee of the society would take a decision in the matter within two weeks. Needless to say that the society would give an opportunity of hearing to the petitioners and would pass a reasoned order. 5. We further make it clear that the managing committee need not be influenced by any of the observations made by this Court in this order and will take decision in accordance with bye-laws, rules and regulations governing the society and in accordance with law. 3 6. The petition stands disposed of accordingly. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (K.K. Tated J.) (K.K. Tated J.) (K.K. Tated J.)