JUDGMENT :

M.S. Sonak, J.

1. Heard the learned counsel for the parties.

2. The challenge in the Writ Petition is basically to the judgment and orders dated 4th November, 1999 and 29th January, 2003 made by the Cooperative Court and the Cooperative Appeal Court in Dispute No. 461 of 1997 instituted by the Petitioner (Madhukar). The dispute arose in the context of Respondent No. 2 (Society) allotting in favour of Respondent No. 1 (Upasani) the additional area admeasuring 613.41 sq.h. which according to the Petitioner-Madhukar, was a common amenity (pathway) as per the layout plan. Since, the allotment was by way of resolutions dated 11th April, 1987 and 14th October, 1986, Madhukar challenged such resolutions before the Cooperative Court and also sought for an injunction to restrain Upasani from carrying any construction or raising any compound or closing this pathway in any manner whatsoever.

3. The society and Upasani filed their responses to the Dispute No. 461 of 1997 raised by Madhukar before the Cooperative Court. Based upon the pleadings, issues were framed by the Cooperative Court, the main issue being whether the impugned resolutions were illegal, null and void. Madhukar examine