BALMUKUND ATMARAM PATEL Vs. SHARADBHAI PREMAJI RAMI

JUDGEMENT

(1.) RULE in both the petitions. The learned advocates appearing for respective respondents are directed to waive service of Rule. The petitions are taken for final hearing and disposal today considering the narrow scope of the controversy.

(2.) In both these petitions, the petitioners are common. In Special Civil Application No.13633 of 2007 respondent No.1 is an individual (hereinafter referred to as 'Sharadbhai') while respondent No.2 is a Co-operative Housing Society (the Society) wherein the petitioners, respondent No.1 and the remaining respondents are members. In so far as Special Civil Application No.18549 of 2007 is concerned, the only difference is that respondent No.1 is the Co-operative Housing Society while rest of the respondents and the petitioners are members of the said Society.

(3.) It is an accepted fact that the petitioners are plaintiffs in Lavad Suit No.1154 of 2005, which has been primarily filed against the respondent-Housing Society seeking a declaration that the Society may not permit any members of the Society from using the allotted plot of land and the superstructure put up thereon from being used for any other purpose, other than residence, with a further prayer that the Resolution dated 21.08.2005 be declared to be illegal. The Board of Nominees, after hearing the parties, granted interim relief vide order dated 22.06.2006, made below application Exh.6.