VISHAL LALIT CHOKSI Vs. AUDA

JUDGEMENT

(1.) THIS petition is required to be rejected only on the ground that the petitioners have claimed the very same relief which the Cooperative Housing Society, namely, Sahkar Cooperative Housing Society, of which the petitioners are members, has claimed in a separate petition, being Special Civil Application No. 3321 of 1995. The petitioners have failed to disclose the said fact in this petition.

(2.) AN attempt on the part of learned Advocate to distinguish the members from the Cooperative Housing Society, of which they are members, cannot be countenanced considering the fact that admittedly the lands in question do not belong to the members but belong to the Cooperative Housing Society and the members are only permitted to occupy the said lands and put up superstructure thereon during the period during which the members hold the shares of the Society and remain members.

(3.) IN the circumstances, without expressing any opinion on merits of the controversy between the parties, the petition is rejected. Rule discharged. Interim relief, if any, stands vacated. There shall be no order as to costs.