The main legal point established in the judgment is the application of Order 7 Rule 11 of the Civil Procedure Code in determining the admissibility of a counter claim, and the Court's authority to direct expeditious resolution of pending disputes.

JUDGMENT

Milind N. Jadhav, J. - The present Writ Petition was heard on 01.12.2022. On 10.12.2022, the order allowing the Petition was uploaded on the website of the High Court without pronouncing the judgment.

2. Hence, on 23.12.2022, this Court was moved by an urgent Application filed by Mr. Kanetkar appearing on behalf of Respondent Nos.1a and 1b by bringing it to the notice of the Court that the judgment was not pronounced and on 10.12.2022 the final judgment was uploaded on the High Court website. He also made a further grievance that pursuant to the submissions made by both the learned Advocates, the counter claim filed by the Petitioners before the learned Trial Court in the year 2014 could never have been allowed in any event as allowing the same would virtually extinguish the period of limitation which is available to the Respondents and permit the Petitioners to maintain the counter claim and relate it from the date of inception of the suit / impleadment. He would submit that admittedly the suit proceedings are dispute proceedings bearing Dispute Application No.261 of 1997 filed at a much earlier point of time between the parties.

3. After considering the submissions of Mr. Kanetkar and perusing the final judgment which was uploaded inadvertently on the High Court website without being pronounced and also after hearing Mr. Tapkir on 23.12.2022, I passed the following order:-

'1. Heard Ms. Khambete, learned Advocate for Petitioners and Mr. Kanetkar, learned Advocate for Respondent Nos. 1a and 1b.

2. The present Writ Petition was heard on 29.11.2022 and reserved for orders. Record indicates that on 10.12.2022, the order has been uploaded on the High Court website. However, the date of the order is 01.12.2022. Admittedly, this Court has not pronounced the judgment.

3. Mr. Kanetkar in his usual fairness has brought this fact to the notice of the Court and has also placed a copy of the uploaded order before the Court. He submitted that the issue of permitting the Respondents to allow his counter-claim dates back to the year 1998/2002 which was heard by the learned Court and it is covered by judgments of the Supreme Court. He submitted that he would like to place on record the judgments.

4. Let the copy of the judgments be given to Mr. Tapkir, learned Advocate for Petitioners.

5. Place the matter for fresh hearing on 10th January, 2023 at 04:30 p.m. It is clarified that till then, the order dated 1. 12.2022 which was uploaded is held in abeyance.'

4. Today, I have heard Mr. Tapkir and Mr. Kanetkar, learned Advocates appearing for the parties at length and perused the entire record of the case. Hence, I proceed to deliver the final judgment in the present Writ Petition. However, before I do that I need to clarify that the judgment / order dated 01.12.2022 uploaded on the High Court website shall be considered as withdrawn and deleted.

5. After according fresh hearing to both the parties, hearing them at length and considering their pleadings, I proceed to determine the present Writ Petition as under:-

6. Rule. By consent taken up for final hearing.

7. By the present Petition, Petitioners have prayed for the following relief:-

'B) This Hon'ble Court by virtue of appropriate writ, order or direction be pleased to examine the legality, validity and propriety of the impugned judgment and order Dt. 13/3/2015 passed by the Maharashtra State Cooperative Appellate Court, Mumbai Bench at Pune in Revision Application No. 28 of 2014, which is arising out of judgment and order Dt. 19/3/2014 passed the below Exhibit 152 by the Ld. Cooperative judge, Cooperative Court No.2, Pune in Dispute bearing No. 261 of 1997 and after examining the same further be pleased to quash and set aside;'

8. Petitioner is a member of Respondent No.2 - Cooperative Housing society. Original Respondent No.1 Smt. Sulochana Walimbe (since deceased) filed Dispute Application No.261 of 1997 against Respondent No.2 - Society. This Dispute Application was filed for seeking declarat