(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1709 OF 2008 Andheri New Kapaswadi Juhu Ekta Co-op. Hsg. Society Ltd. ..Petitioner Versus Rabiya Begum Mahammad Ali & Ors..Respondents Mr. D.S.Sakhalkar i/b. Manjusha S. Kumbhar for the petitioner. Mr. J. Reis i/b. C.N. Gole for respondent No.1. Mr. G.W. Mattos, AGP for respondent No.3 & 5. Mr. J.G. Aradwad for Respondent No.4. Mrs. A.K. Savla, for respondent No.2. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & A.A.KUMBHAKONI,JJ. A.A.KUMBHAKONI,JJ. A.A.KUMBHAKONI,JJ. DATED: 8th October, 2008 DATED: 8th October, 2008 DATED: 8th October, 2008 P.C.: P.C.: P.C.: . For the order to be passed it is not necessary to set out the facts in detail. The case of the petitioner is that the respondent No.1 is not eligible and as such the decision of Respondent No.3 ought to be set aside. The contention of the respondent No.1 is that the previous managing committee of the petitioner society have themselves agreed that they are eligible. However, considering the communication dated 2nd April, 2008 in our opinion the ends of justice would be met if the Chief Officer of the Mumbai Housing and Area Development Board decides the controversy after hearing the petitioner and respondent No.1. It will (-2-) be open to the petitioner and respondent No..1 to place whatever documents available with them before the Chief Officer of the Mumbai Housing and Area Development Board. We further make it clear that if the respondent No.6 is called upon to establish the genuiness of any document produced by the parties, the respondent No.6 to file an affidavit setting out as to whether the said documents are genuine or not and file them before the Chief Officer of the Mumbai Housing and Area Development Board. The said Authority to decide the issue as set out earlier. The entire exercise to be completed within eight weeks from today. The petitioner and respondent No.1 to appear before the Chief Officer of the Mumbai Housing and Area Development Board on 22nd October, 2008 at 11.00 a.m. With the above observation Writ Petition stands disposed of. (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (F.I.REBELLO, (F.I.REBELLO, (F.I.REBELLO, J.) J.) J.)