1 wp9266-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa WRIT PETITION NO. 9266 OF 2010 Jabbar Ali Nasir Khan & Anr. .. Petitioners V/s. Andheri New Kapswadi Juhu Ekta Chs.Ltd. .. Respondents .... Mr. S. R. Borulkar i/b.Mr. P. A. Mokashi for the Petitioners. Mr. R. S. Ghadge i/b. Mr. A. S. Desai for the Respondents. .... CORAM : A. S. OKA, J. DATE : DECEMBER 15, 2010. P.C. Heard the learned counsel appearing for the Petitioners. The present Petitioners are the disputants in the dispute under Sections 91 of the Maharashtra Co-operative Societies Act, 1960. An application for interim relief was made in the pending dispute by the Petitioners. The said application has been disposed of by passing following order : “1. The interim application is hereby rejected. 2. The ad-interim injunction stands vacated. 3. The opponent society is hereby order to keep 2 wp9266-10 19 flats vacant/reserved to avoid further complication till the final hearing of the dispute or till the 19 flats claims by the legal heirs of 19 dead members. 4. No order as to the costs.” 2. In Appeal preferred by the petitioners, the said order has been confirmed. The aforesaid orders have been challenged in this writ petition under Article 227 of the Constitution of India. 3. Apart from the fact that clause (3) of the order of the Co-operative Court protects the petitioners, the Appellate Court has recorded the statement of the learned counsel appearing for the respondent society that allotment will be made after proper verification. It is obvious that allotment can be made by the society only to the person who are eligible in law. 4. Hence, no interference in this Petition under Article 227 of the Constitution of India can be made with discretionary interim orders of the Courts below. The Petition is accordingly rejected. JUDGE