1 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.480 OF 2006 IN WRIT PETITION NO.575 OF 2003 Haresh K. Samtani. ...Appellant. Vs. 1.Sam Eruch Daruwala & ors. ...Respondents. --- Mr.A.G.Vaidya,for Appellant. Mr.F.Devitre, Sr. Advocate i/b. Mr.J.W.Mamniya, for Respondent no.1. Mr.V.P.Sawant i/b. Nityoah Suneel & Associates, for Respondent no.2. Ms.Calcuttawala, AGP for Respondent nos.3 & 4. --- CORAM: D.K.DESHMUKH & R.V.MORE,JJ. DATED: 26th April, 2010 2 P.C.: By consent of parties, the appeal is disposed of in the following terms:- 1. The order impugned in the appeal is set aside. 2. The Respondent no.2 Society shall continue to treat Respondent no.1 as its member. 3. The outgoings of the flat which is admittedly occupied by Respondent no.1 in the building of Respondent no.2 shall be paid by Respondent no.1. 4. The Respondent no.1 is restrained from alienating, transferring, operating with possession or creating third party rights in the flat for a period of Six months from today. 5. The appellant shall be at liberty to institute proceedings to establish his title in relation to the flat which is subject matter of this appeal. The appellant shall be at liberty to seek appropriate order in those proceedings. 3 6. On expiry of period of six months, the above referred interim order made by us which is operating against Respondent no.1 shall cease to operate. 7. In the proceedings that the appellant may institute to establish his title to the flat, in case the appellant secure appropriate order, the appellant shall be at liberty to apply to the Respondent no.2- Society for membership. In that event, the Respondent no.2 shall decide that application in accordance with law and after giving due notice to Respondent no.1. All the contentions available to both the sides are kept open, so also the remedies that may be available to both the sides against the decision of the Society are kept open. The appeal is, accordingly, disposed of. (D.K.DESHMUKH,J.) (R.V.MORE,J.)