1 SSK/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6577 OF 2007 Preeti Nagar Co-op. Housing Soc. Ltd. ....Petitioner Versus State of Maharashtra & Ors. ...Respondents Mr. A. K. Singh, Advocate for the Petitioner. Mr. S. N, Bhosale, AGP for Respondent No.1. Mr. S.K. Shinde, Advocate for Resondent No.2 CORAM : R. V. MORE, J. DATED : 1st JULY, 2010. P.C.: Heard learned Counsel for the respective parties. 2. The Respondent No.2 filed dispute against the Petitioner challenging the legality and validity of resolutions dated 14th August, 2001, 4th August, 2002, 3rd August, 2003, 7th August, 2005, 9th October, 2005 and Managing Committee Meeting dated 30th April, 2005. The said Respondent also filed an application for temporary injunction to implement the resolutions mentioned above. The Trial Court refused the injunction by its order dated 4th October, 2006 and therefore, the said Respondent preferred an appeal before the Co-operative Appellate Court. The Co-operative Appellate Court by its order dated 14th May, 2007 allowed the appeal partly 2 and the Petitioner-Society was ordered to do all necessary things for construction of Bungalow by the Appellant on his plots including getting plan amended and issuing no objection. This order is impugned in the present petition. 3. The petition is filed on 22nd August, 2007. However, the same is pending for admission since last three years. The Petitioner failed to obtain any ad-interim relief during the pendency of the petition. The Respondent No.2’s dispute was decreed ex-parte on 10th December, 2007. The Petitioner thereafter filed an application for setting aside the ex-parte decree and I am told that same is allowed in the year 2010. 4. In the above facts and circumstances, the learned Counsel appearing for the respective parties agrees that the interest of justice will be subserved by directing the Trial Court to dispose of the Respondent No.2’s dispute expeditiously. The petition is accordingly disposed of, by passing the following order: 1. The Trial Court viz. Co-operative Court No.2 at Pune is directed to hear and dispose of Dispute No.177 of 2006 as expeditiously as possible and in any case within a period of 6 months from the date of receipt of this order. 3 2. The Trial Court shall dispose of the said dispute independently on its own merits and without being influenced by the observations made in the impugned Order. 3. There shall be no order as to costs. Order accordingly. (R. V. MORE, J.)