1 ndm 97 wp.8788.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8788 OF 2010 Meher Apartments Co-operative Housing Society Limited. ... Petitioner Vs. The State of Maharashtra and anr. ... Respondents -------- Ms. Mrunalini Vijay Panchal i/b K.H.Halai for the Petitioner. Mr. S.N.Bhosale, AGP for Respondent No.1. -------- CORAM : A.S.OKA, J. DATE : 23 rd November, 2010. P.C. 1 The Petitioner is the opponent in the dispute filed by the 2 nd respondent under Section 91 of the Maharashtra Co-operative Societies Act, 1960 before the Co-operative Court. The challenge in this writ petition is to the order dated 28 th January, 2009 by which additional issue has been framed by the Co-operative Court. The challenge also to the order passed by the Co-operative Appellate Court by which the order dated 28 th January, 2009 has been confirmed. 2 The learned counsel appearing for the Petitioner submitted that observations / findings in paragraph No.3 of the order dated 28 th January, 2009 are incorrect and the same will affect the merits of the 2 defence of the Petitioner in the main dispute. 3 I have considered the submissions. The only effective order passed by the Co-operative Court is of framing an additional issue. It is obvious that observations made in paragraph No.3 of the impugned order by no stretch of imagination can be said to be findings. It is also obvious that while deciding the dispute finally, the said observations will not bind the Co-operative Court and the additional issue as well as all other issues are bound to be decided on the basis of evidence adduced by the parties. 4 Subject to what is observed above, no case for interference is made out in writ jurisdiction. Petition is rejected. [ A.S.OKA, J ]