1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8629 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Anilkumar Patil, for the petitioner. CORAM : D.B.BHOSALE, J. DATE : 07/11/2009 PC: Heard learned counsel for the petitioner. Mr Patil, learned counsel for the petitioner, submits that he has instructions not to press this petition and he seeks direction to the civil court to decide the suit on merits in accordance with law and without being influenced by the observations made in the impugned orders passed by the courts below. By the impugned order the dispute/plaint has been returned to the petitioner for its presentation before the appropriate court. The petitioner had filed a dispute T 2 seeking declaration that the petitioner/disputant is an exclusive owner of the flat no. PE/80/2 in the respondent-society and for direction to the society to correct the record and to hand over vacant and peaceful possession of the suit flat to him. The petitioner is seeking such declaration against his brother who is respondent no. 2. Both the courts below, after having considered overall facts and circumstances of the case, have held that the dispute under section 91 of the Maharashtra Co-operative Societies Act is not maintainable and the appellate court, vide its judgment and order dated 25.6.2009, has returned the plaint to the petitioner to file it before appropriate forum. Mr Patil, learned counsel for the petitioner, submits that the petitioner will present the plaint before the civil court within a period of four weeks from today. His statement is accepted, without prejudice to the rights and contentions of 3 the respondents. The writ petition is disposed of as not pressed with liberty to the petitioner to present the dispute/plaint before the appropriate forum within a period of four weeks from today. All contentions of the parties including the issue of limitation is kept upon. The civil court shall decide the suit on merits in accordance with law and without being influenced by the observations made by the courts below in the instant proceedings. With these observations, the writ petition is disposed of. Authenticated copy of this order may be made available to the parties. (D.B.BHOSALE, J.) 4