Jayant Patel, J.—The short facts of the case appear to be that the petitioner, Jugalkishore Ramnaresh Ray, claiming himself to be the President of Murli (Satellite) Owners’ Association (hereinafter referred to as “the Association” for the sake of convenience), which, as per him, is a registered non-trading Association, has preferred the present petition for challenging the order passed by the Tribunal dated 27.07.1994 in below Application for leave to prefer appeal being Misc. Application No. 4/1994.

2. It appears that five members of Rushvina Park Cooperative Housing Society Limited filed a Lavad Suit No. 544 of 1992 under Section 96 of the Gujarat Cooperative Societies Act (hereinafter referred to as “the Act”) for the declaration and the perpetual injunction to the effect that the transaction of the society, if any, be declared as illegal and void and the Society and one Nathabhai Patel be restrained from making any construction over the land of common plot of the Society and it was also prayed in the said suit that the Society be restrained from admitting any person as member other than the original 404 members of the Society and the Society be further restrained from cr