16-WP-11828-16+final.doc Sayali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11828 OF 2016 WITH WRIT PETITION NO. 11822 OF 2016 Pushpa Co-operative Housing Society Ltd … Petitioner V/s. The State of Maharashtra and Others … Respondents Mr.Sanjiv Sawant with Mr. Abhishek M and Malhar Bageshwar, for Petitioner. Mr. Pradeep J. Thorat with Ms. Aditi S. Naikare, for Respondent no. 2 in both petitions. Ms. A. A. Nadkarni, AGP for State-Respondent no. 1 in WP/11828/2016. Ms. Mamta Shrivastava, AGP for State-Respondent no. 1 in WP.11822/2016. CORAM : AMIT BORKAR, J. DATED : MARCH 24, 2026 P.C: 1. The present petitions call in question proceedings initiated under Section 23 of the Maharashtra Cooperative Societies Act. The principal submission advanced on behalf of the petitioner society is that the subject premises, in respect of which 1 SAYALI DEEPAK UPASANI Digitally signed by SAYALI DEEPAK UPASANI Date: 2026.03.24 19:37:58 +0530 16-WP-11828-16+final.doc Respondent No. 2 seeks admission as a member, does not qualify as a “flat” within the meaning of the Act. It is thus contended that, in absence of such qualification, the claim for grant of membership in respect of the said premises is not legally sustainable. 2. Per contra, learned Advocate appearing for Respondent No. 2 has placed reliance upon the judgment and decree passed by the Civil Court in L.C. Suit No. 722 of 1995 dated 28 September 2005. It is submitted that the Civil Court, upon adjudication, has recorded a categorical finding that the premises in question, being one of the garages forming part of the subject matter of the said suit, constitutes a “flat” within the meaning of Section 2(a) of the Maharashtra Ownership Flats Act. On that basis, it is urged that such finding is binding on the authorities under the Act and cannot be disregarded in the present proceedings. 3. In my considered view, in the absence of any challenge to the aforesaid judgment of the Civil Court, the finding therein, declaring the subject premises as a flat under the provisions of the Maharashtra Ownership Flats Act, has attained finality. This position assumes significance particularly because the proceedings arise from a period prior to the insertion of Chapter VIII in the Maharashtra Cooperative Societies Act. Once a competent Civil Court has made observation regarding the nature of the premises and recorded a finding to that effect, such finding binds the parties inter se. If the petitioner society is aggrieved by 2 16-WP-11828-16+final.doc the said finding, the appropriate remedy lies in filing an appeal against the judgment or in instituting a substantive proceeding seeking to avoid its binding effect in accordance with law. 4. In view of the subsisting finding of the Civil Court, the present petitions cannot be entertained. However, it is clarified that the petitioner society shall be at liberty to institute an appropriate Civil Suit seeking such reliefs as may be permissible in law. In the event such proceedings are initiated, it shall be open to all parties to raise all contentions available to them in accordance with law. 5. The petitions are accordingly disposed of. (AMIT BORKAR, J.) 3