1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No. 1302 of 2009 with Writ Petition No.1306 of 2009 Pankaj Mafatlal Dalal and others ..Petitioners vs. Garden Co-operative Housing Society Ltd.& ors. ..Respondents Mr.Dinyar Madon, Sr.Counsel with Mr.J.J.Thakkar for petitioners Ms.Shefali Bhasin for respondent no.1 Ms.A.B.Shah for respondent no.2. CORAM: S.J.KATHAWALLA J. 30 th September 2009 P.C. 1 Heard the learned Advocates appearing for the parties. 2 Both the writ petitions are disposed by the following order which is passed by consent of the parties. i) Co-operative Court No.2 at Mumbai shall endeavour to dispose of the case no.341 2 of 2008 and 573 of 2008 filed by the petitioners and pass its final order within a period of 12 weeks from today. ii) Respondent nos.1 and 2 undertake to maintain status quo qua the structure until final orders are passed by the Co-operative Court No.2 at Mumbai and for a further period of two weeks thereafter if it is adverse to the petitioners. This will not prevent respondent no.1 from pursuing with their application/s seeking approvals/permissions from the Municipal Corporation or any other statutory authorities. However, respondent no.2 shall not claim any equities on this ground. iii) It is clarified that if any member of the society has received any notice from any authority to vacate the premises on the ground that the building is dilapidated, the status quo order herein will not preclude them from vacating their premises. 3 iv) All contentions of the parties on merits are kept open. Both the writ petitions are accordingly disposed of. (S.J.KATHAWALLA J.)