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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Nitin Kantilal Gandhi – Appellant
Versus
Apurva Ashwin Desai – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. By this writ petition under Article 227 of the Constitution of India, the petitioners question the Judgment and Order dated 10 June 2025 passed by the Cooperative Appellate Court in Appeal from Order No. 65 of 2024. The Appellate Court has set aside the Judgment and Order dated 12 October 2023 passed by the Cooperative Court below Exhibit 5 in Dispute No. CC/1/315/2022.
2. The facts giving rise to the present proceedings are as follows. The petitioners are members of respondent No.1 society, a registered cooperative housing society under the Maharashtra Cooperative Societies Act, 1960 and the Rules of 1961. Petitioner No.1 holds Shop Nos. 1 and B-01. Petitioner No.2 holds Shop Nos. 2 and B-02 and Flat No. 601 in the building of respondent No.1 society. The petitioners were also the builders and developers of the building. Petitioner No.2 resides in Flat No. 601 on the sixth floor.
3. At the time of registration of respondent No.1 society, an understanding was reached between the flat purchasers and the petitioners. This understanding was recorded in a letter dated 5 May 2005. The members agreed to certain conditions in favour of the petitioners. These incl
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