JUDGMENT :

Heard learned Senior Advocate Mr.Prakash Jani with learned advocate Mr.Pushpadatta Vyas for the petitioner-Society, learned advocate Mr.Baiju Joshi for respondent Nos.12 and 13-Babubhai Joshi and Smitaben Babubhai Joshi respectively and learned advocate Mr.Ankit Shah with learned advocate Mr.D.K.Puj for the respondent Trust.

1. Special Civil Application No.13725 of 2006 and Special Civil Application No.5129 of 2009 are filed by the Tolak Co-operative Housing Society Limited, whereas, Special Civil Application No.15519 of 2005 is filed by Shri Samyagnan Shibir Public Charitable Trust.

2. Dispute between the parties pertains to Plot No.17 of the Tolak Co-operative Housing Society Limited (for short ‘the Society’) which is alleged to have been purchased by Shree Samyak Gnan Shibir Public Charitable Trust (for short ‘the Trust’) for the purpose of its activities for the Library and Study of Jain religion.

3. The factual matrix giving rise to this litigation dates back to the year 1980.

3.1. The Society is a Co-operative Housing Society registered under the provisions of the Bombay Cooperative Societies Act, 1925, as applicable then in the bilingual State of Bombay in the year 192