-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.8559 of 2007 Chembur Eleven Heaven Coop. Housing Society Ltd. ..Petitioner vs. 1.Divisional Joint Registrar and others ..Respondents Smt.Rekha Panchal for petitioner. Smt. P.S.Cordozo,A.G.P. for respondent nos.1 and 2 Shri Y.S.Bhat for respondent nos.3 to 6. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 22nd January, 2008 22nd January, 2008 22nd January, 2008 P.C. P.C. P.C. 1. The petitioner society is aggrieved by the order of the Appellate/Revisional Authority dismissing the Revision Application No.735 of 2006. 2. That was directed against the order passed on 8th November, 2006 passed by the Deputy Registrar, Cooperative Societies, MHADA, Mumbai. 3. It is not necessary for me to go into the rival contentions because Shri Bhate appearing for respondent nos.3 to 6 does not dispute that there is a pending litigation between respondent nos. 4 to 6 and 7 to 9 in the civil court -2- wherein the claim to the subject property/premises/plot will be decided. However, respondent no.3 which is a Trust and which is inducted into the premises by respondent nos. 4 to 6 is in physical possession of the premises. That respondent no.3 shall not part with possession or induct any third party therein in any manner whatsoever is a statement which is made by Shri Bhate. The said statement is accepted. His only request is that till dispute between the family members is decided the society should accept the charges, outgoings and maintenance fees from respondent no.3. However, that would be without prejudice to the rights of all the parties. 4. Smt.Panchal, after taking instructions, makes a statement that the society will accept the outgoings/maintenance charges from respondent no.3 without prejudice to the rights and contentions of respondent nos. 4 to 6 and 7 to 9 so also that of the society. 5. In the light of this arrangement which is arrived at before me, the order passed by the Deputy Registrar directing that respondent no.3 should be admitted as a member is quashed and -3- set aside. Needless to state that after the dispute between the family members is resolved fresh application for membership can always be filed and such application must be proceeded with in accordance with law. In the light of the order of the Deputy Registrar being set aside, it is not necessary to separately quash and set aside the revisional/appellate order. Petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)