WP.533-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 533 OF 2011 Sunder M. Poojari & Ors. ...Petitioners Vs. Tilak Ganesh Co-operative Housing Society Ltd. & Ors. ...Respondents *** Mr. Girish Kulkarni i/b V. M. Joshi, for the Petitioners. Mr. R. G. Ghadge, for Respondent No.1. Mr. S. N. Bhosle, AGP for Respondent No.5. *** CORAM: V. M. KANADE J. DATE : JANUARY 31, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the petitioners and respondent No.1. The petitioners are aggrieved by the order passed by the Maharashtra State Cooperative Appellate Court, Mumbai dated 20th December, 2010, who was pleased to dismiss the Miscellaneous Application No. 93 of 2009 which was filed by the petitioners herein for condonation of delay, caused in filing the appeal. 2. Brief facts are as under- WP.533-11 - 2 - . A dispute was filed under Section 91 by the respondent No.2 in the Cooperative Court and an interim order was passed on 5th August, 2006. It is case of the petitioners herein that they came to know about this order in August 2009 and therefore, they preferred an appeal against this order before the Appellate Court. The Appellate Court has held that the delay caused in filing the appeal cannot be condoned. 3. It is an admitted position that the petitioners were not made parties to the main dispute which is filed by respondent No.2 and the said dispute is still pending. Taking into consideration the aforesaid facts, in my view, it would be appropriate if the petitioners make an application before the trial Court to implead themselves as proper and necessary parties; and if such an application is filed by the petitioners, the said application shall be decided along with main Dispute being No. 30 of 2006, as expeditiously as possible, in any case, within a period of four months. The trial Court shall not be influenced by any of the observations made by the Appellate Court in its order in Misc. Application No. 93 of 2009, dated 20th December, 2010. Writ petition is accordingly, disposed of in the aforesaid terms. [ V. M. KANADE J.]