JUDGMENT :

VINEET KOTHARI, J.

1. This intra-court Appeal is directed against the Judgement and Order dated 11.01.2010 whereby the learned Single Judge dismissed the Special Civil Application No. 9900 of 2003 filed by the Appellant Trust, namely, Harikrushnadas Chhaganlal, Nanalal, Hargovinddas and Ishwardas Mohanlal Seva Samaj Trust (hereinafter referred to as 'the Trust') and held that the Resolution of the Respondent Society namely Maruti Cooperative Housing Society Limited., Part-II to sell the common plot admeasuring 400 sq. yds in favour of the Appellant Trust could not have been passed and therefore in a Lavad Suit (Lavad Suit No. 2256 of 1994) purportedly under Section 96 of the Gujarat Cooperative Societies Act, 1961, the said Resolution could not be passed by the Society and the consequential actions taken were also liable to be set aside.

2. The facts in brief are that the Respondent Maruti Cooperative Housing Society Limited passed a unanimous Resolution No. 12 in its General Body Meeting on 13.08.1992 to sell the common plot admeasuring 400 sq. yards to the Appellant Trust at the rate of Rs. 200/per sq. yard for construction of a common 'Satsang Hall' for religious purpose