( 1 ) RULE. Mr. I. M. Pandya, Ld. AGP waives service of rule on behalf of respondent No. 1 and Mr. Girish Patel, Sr. Counsel for Mr. Shalin Mehta waives service of rule for respondent No. 2 and 3. With the consent of parties matter is being disposed of finally.

( 2 ) THE short facts of the case are that the petitioner is a Housing Cooperative Society duly registered under the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as the "act" ). One Gopalbhai Narottamdas Mehta was the member of the petitioner-Society and he was allotted shares by the petitioner-society and in capacity as a shareholder of the petitioner-society said Gopalbhai Mehta was also allotted Plot No. 4 in the petitioner-society and he had constructed residential house over the said plot on 8. 1. 1981. Gopalbhai during his life time at the age of about 80 years executed a registerd will for creating a trust after his death for the benefit of members of his family. On 31. 5. 90 Gopalbhai died and as per respondent Nos 2 and 3 the property of Gopalbhai vests with them as the trustees of the trust created under the aforesaid will. In the year 1994 probate was issued by the City Civil Co