FARAD CONTINUATION SHEET No. FARAD CONTINUATION SHEET No. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE. APPELLATE SIDE. APPELLATE SIDE. WRIT PETITION NO. 2790 OF 2006 WRIT PETITION NO. 2790 OF 2006 WRIT PETITION NO. 2790 OF 2006. Narayan Co-operative Housing Society Ltd. Petitioner. Vs. Narayan K. Thakur & Ors .. Respondents. ------------------------------------------------------------- Office Notes,Office : Memoranda of Coram, : Court’s or Judge’s orders appearances,Court ’s : orders or directions : and Registrar’s orders. : ------------------------------------------------------------ Ms R. V. Sipahimalani, Advocate for the Petitioner. Mr Chandra Naik for Respondent. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 05.09.2008. DATED: 05.09.2008. DATED: 05.09.2008. P.C.: P.C.: P.C.: ---- ---- ---- 1. Rule, returnable forthwith. Heard finally by consent of parties. Perused the petition. 2. This petition is directed against the order dated 30.8.2004. It appears from the averments made in the petition that earlier petition being No. 108 of 2004 filed was dismissed on 17.2.2006 for non- joinder of necessary parties. 3. In this view of the matter, the second petition is not maintainable. 4. The petition is, thus, liable to be dismissed. However, according to the petitioner, the issue which needs consideration relates to the necessity of notice under Section 164 of the M.C.S. Act. Needless to mention that issues can always be reframed,modified and/or deleted till the decision of the suit. 5. The trial Court can always take into account the impact of Section 164 of the Act while deciding the suit if relevant evidence is available on record. 6. With the above observations the petition is dismissed. Rule is discharged. No order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)