1 22.wp10845.09 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10845 OF 2009 Mathew John. ....Petitioner Vs. Ulacon Co-op. Housing Soc. Ltd. & ors. ....Respondents Mr. A.C. Tripathi i/b. K.K.V. Kurup, Advocate for Petitioner. Mr. Sagar Talekar, Advocate for Respondent No. 1. CORAM:- GIRISH GODBOLE, J DATED:- DECEMBER 1, 2011 P.C. 1. It is the case of the Petitioner that he is the husband of Treaza John who was the sister of Late Peter Rodrigues who was the member of Respondent No. 1 Society. As noted in the earlier order dated 17/11/2011, a declaratory suit has already been filed by the Petitioner in the City Civil Court seeking declaration that Peter Rodrigues has died. The learned Advocate for the Petitioner states that he has also filed Testamentary proceedings on the original side of this court. Hence, as of today, unless the Civil Court passes a declaratory decree regarding civil death of the Respondent No. 3 Peter Rodrigues, no relief can be granted in this Writ Petition. Hence by granting liberty to the Petitioner to file a fresh Writ 2 22.wp10845.09 Petition for challenging the impugned order in case the Civil Suit filed by the Petitioner is decreed and in case the Testamentary proceedings filed by the Petitioner on the original side of this court are decided in favour of the Petitioner, the Writ Petition is disposed of. (GIRISH GODBOLE, J)