- (1.) Leave granted.
(2.) This appeal is directed against order dated 22.3.2011 passed by the Division Bench of the Bombay High Court in Writ Petition No. 187/2011 whereby the Appellant's prayer for issue of a mandamus to the Commissioner, Mumbai Municipal Corporation (Respondent No. 2) to get the damaged portion of his flat repaired was rejected but he was given liberty to secure execution of the order passed by the Maharashtra State Cooperative Appellate Court, Mumbai (hereinafter referred to as, 'the Cooperative Appellate Court').
(3.) The Appellant is a member of Respondent No. 3-Shree Sai Niketan Cooperative Housing Society Ltd. He was allotted Flat No. 001 in the building constructed by Respondent No. 3 at Borivali (West), Mumbai. Respondent No. 3 claims to have carried out major repairs in 2005-06 and all its members except the Appellant contributed towards the expenses. The Appellant disputed his liability to pay the expenses incurred by Respondent No. 3 and raised a dispute under the Maharashtra Cooperative Societies Act, 1960. It is not clear from the record as to what was the fate of the original dispute filed by the Appellant before the Cooperative Court IV, Mumbai, but this much is evident that the matter was carried to the Cooperative Appellate Court in Revision Application No. 73/2007.;