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9. The petitioner filed an appeal being appeal against order no.15 of 2023, challenging the said order. The learned Appellate Court has concurred with the findings recorded by the learned Appellate Court. Apart from this, maintainability of the dispute is also doubted by the learned Appellate Court on the ground that challenge to development agreement could wp-4465-2024 not be raised in a proceeding under Section 91 of the MCS Act. The learned Appellate Court has held that the Developer was not a member of the society and was also not claiming through any member of the society and therefore, dispute was prima facie not maintainable against the Developer. Apart from this, as stated above, prima facie merits of the matter were also seen and the learned Appellate Court by a reasoned judgment has concurred with the opinion expressed by the learned Trial Court on merits.