IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.7041 OF 2008 PETITION NO.7041 OF 2008 PETITION NO.7041 OF 2008 Nagnath Sahakari Pani Puravatha . Sanstha Maryadeet, Kolhapur ...Petitioner V/s. Sarjerao Sakharam Kapale & Ors. ...Respondents Mr.P.D. Dalvi for the Petitioner. . Mr.Amit B. Borkar for the Respondents. CORAM CORAM CORAM : SMT.NISHITA MHATRE, J. : SMT.NISHITA MHATRE, J. : SMT.NISHITA MHATRE, J. DATE DATE DATE : 18TH NOVEMBER, 2008. : 18TH NOVEMBER, 2008. : 18TH NOVEMBER, 2008. P.C.: P.C.: P.C.: . The Petition challenges the order passed by the Co-operative Appellate Court on 16th September, 2008. The Co-operative Appellate Court has held prima-facie that the dispute itself against the respondent Nos.1 to 29 is not maintainable under Section 91 of the Maharashtra Co-operative Societies Act, 1960. 2. It is on this ground that the Appellate Court has interfered with the order passed on Exhibit-5 by the trial court. The appellate court has rightly rejected Exhibit-5 in view of the fact that prima-facie it appears that the dispute itself is not maintainable. 3. The Petition is rejected.