JUDGMENT : 1. Rule made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties. 2. In the Tenant-Ownership Cooperative Housing Society, Plot No. 89 was allotted to the respondent Nos. 1 and 2 for the purpose of construction of residential house over approximately 3000 sq. feet. The respondent Nos. 1 and 2 have assigned the rights of development to respondent No.3 – Builder for construction. An application dated 08.09.2011 was submitted to the Secretary of the Society for issuance of "no objection certificate". In the said application, it is stated that, "we the below signed daughters of the deceased plot owner wish to develop the plot and make new construction which will be done by a builder. Hence 'NOC' is required from your esteemed society to carry on the above mentioned construction". The society is said to have given no objection dated 26.09.2011, specifically stating that there is no objection for construction of residential house on Plot No. 89. 3. It is the case of the respondents that a plan for sanction of multistoried residential building consisting of flats was submitted to the Nagpur Municipal Corporation for sanction and it was sanctioned initially on 21.01.2013. Thereafter renewal has been granted by the Nagpur Municipal Corporation to the sanction on 27.08.2014, which is the document at Ann.-N at page No. 84. It is not in dispute that even the construction of ground floor is not yet completed and the respondents propose to go ahead with the activity of construction. 4. It is the case of the disputant society that though the application for grant of 'no objection certificate' submitted on 08.09.2011 indicates that the copy of agreement was enclosed, the application, in fact, did not accompany such an agreement. Apart from this, it is argued that upon bare reading of the application dated 08.09.2011 and the 'no objection' granted on 26.09.2011, it is clear that it was for construction of residential house only by the builder. According to the respondents, the 'no objection certificate' was granted after perusing the copy of the agreement dated 06.09.2011, which was enclosed along with the application dated 08.09.2011 for grant of 'no objection certificate'. It is also the case of the petitioner-disputant that in terms of the sanction awarded by the Nagpur Municipal Corporation on 21.01.2013 and renewal granted on 27.08.2014, the respondent Nos. It is also the case of the petitioner-disputant that in terms of the sanction awarded by the Nagpur Municipal Corporation on 21.01.2013 and renewal granted on 27.08.2014, the respondent Nos. 1 and 2 are not entitled to develop the plot in question which is not vested in them. According to the petitioner-disputant, the plot is owned by the Society and the allotment is in favour of respondent Nos. 1 and 2 for the purpose of construction of residential house. 5. The questions involved are - (i) whether 'no objection certificate' granted by the society on 26.09.2011 was for construction of residential house of the respondent Nos. 1 and 2, or (ii) for construction of multistoried building consisting of residential flats. The matter is arguable and unless the parties are permitted to lead oral evidence, to allow the respondents to go ahead with the construction would not be in the interest of parties and the interest of justice can be met by directing the Cooperative Court to decide the dispute expeditiously. 6. In the result, the petition is allowed. The judgment and order dated 14.12.2015 passed by the Cooperative Appellate Court in Appeal No. 20 of 2015 is hereby quashed and set aside and the order dated 30.01.2015 passed below Exh.5 by the Cooperative Court in Dispute No. 336 of 2014 is restored. The Cooperative Court is directed to expeditiously dispose of the dispute within a period of eight months from today. Rule made absolute in above terms. No order as to cost.