1 1296.11-ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 1296 OF 2011 Kailash Ramesh Kalantri and another. ... Appellants. V/s. Ms.Poonam Nandkishor Rathi and others. ... Respondents. Diwakar Dwivedi for the appellants. M.G.Patil i/b. N.N.Bhadrashete for respondent Nos.2 to 4. CORAM: R.M.BORDE, J. DATED : 9th December 2011. P.C. : It is stated that the recovery certificate under section 101 of the Maharashtra Co-operative Societies Act, 1960 has been issued in respect of suit property on 17th July 2006. The plaintiffs claim their entitlement on the basis of agreement executed by the predecessor in title/ debtor in their favour. It is also claimed that the suit for specific performance of the agreement has been presented. The entitlement of the plaintiffs would be decided in the suit for specific performance of the agreement and it is not obligatory on the Court to pass a decree of specific performance but to pass award for compensation is also an option left to the trial Court. In view of the certificate issued under section 101 of the Act against the predecessor in title of the plaintiffs, no interim relief as claimed by the plaintiffs in the suit can be granted. 2 1296.11-ao The trial Court has rightly rejected the application for interim relief. No interference is called for in this appeal from order. Appeal from order is thus, dismissed. 2. In view of dismissal of appeal from order, pending civil application does not survive and stands dispose of accordingly. (R.M.BORDE, J.)