1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No.180 of 2009 Inder Kishandas Ahuja and another ..Petitioners vs. Gopaldas Kishandas Ahuja and others ..Respondents Mr.Phiroz Palkhiwala with Mr.Shreeram Shirsat for petitioners. Mr.B.Saraf with Mr.Jariwala and Ms.Jyoti Ghag and Mr.P.A.Mhatre i/b Thakore Jariwala and Associates for respondent no.2 Mr.Dinesh Ahuja son of respondent no.1 present. Mr.M.R.Agrawal Secretary of respondent no.3 present. CORAM: S.J.KATHAWALLA J. 23rd July, 2009 P.C. 1 Rule. By consent of the parties, rule is made returnable forthwith. 2 The parties agree that the writ petition be disposed of by the following order which is passed by consent and without going into the merits of the case: i) The impugned orders dated 1st August, 2 2008 and 15th November, 2008 passed by the Maharashtra State Cooperative Court and Maharashtra State Cooperative Appellate Court, Mumbai respectively are set aside. ii) The society shall decide the issue pertaining to transfer of the suit flat within eight weeks from the date of receipt of this order, after hearing the following persons: (i) Gopaldas Kishandas Ahuja, (son of deceased member) (ii) Pitamberdas Kishandas Ahuja (son of deceased member) (iii) Vandana w/o Daulatram Kishandas Ahuja, (daughter in law of deceased member) (iv)Inder Kishandas, (son of deceased member) (v) Deepa Tarachand Kashyap, (married daughter of deceased member) and (vi) Shrichand C.Nagpal (husband of deceased daughter of the deceased member.) iii) If the decision of the society is 3 to transfer the suit flat in the name/s of any of the individuals set out in clause (ii) above, the society shall not implement such decision for a period of four weeks from the date of conveying the said order to the parties. 4 Mr.Saraf, learned Advocate appearing for respondent no.2 states that respondent no.2 will be filing a suit in this Court impugning the purported gift deed executed by the deceased in favour of the petitioners pertaining to the suit flat, within a period of four weeks from today and will also apply for ad-interim relief/s therein. 5 Accordingly the writ petition stands disposed of with no order as to costs. (S.J.KATHAWALLA J.)