JAYANTILAL SHANABHAI SHAH Vs. AMBIKABEN SHIVSHANKAR TRIVEDI

JUDGEMENT

(1.) Mr.Ravindra R. Shah, learned Counsel appearing for the petitioners, states that petitioner No.5 has expired on 28-12-2001 and his legal heirs are not desirous of persuing the matter and, therefore, he submits that the matter may be treated as for petitioners No.1 to 4 only. Mr.Shah further states that the rule is served by direct service and some of the respondents have refused and the affidavit of service of rule including for refusal is filed and taken on record.

(2.) Since in all these petitions common facts and common questions are involved, they are being dealt with together.

(3.) The contention raised by the petitioners is that the Managing Committee of respondent No.2 Society, Mathuriyanagar Cooperative Housing Society (referred hereinafter as "the Society") has entered into the settlement contrary to and dehors the resolution passed by the General Body of the society.