(1) WP. 4684.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4684 OF 2010 Vijay S/o Narayandas Rizwani .. Petitioner VERSUS Jyoti w/o Balajirao Patil and others .. Respondents Mr. N.R. Bhavar, Advocate for the Petitioner Mr. V.B. Mantri, Advocate for the respondent no.1 Mr. Sanjaykumar Sharma, Advocate for the respondent no.3 Mr. Vijay Sharma, Advocate for the respondent no.2 and 4 ... CORAM : V.R. KINGAONKAR, J. DATED : 20TH JULY, 2010 ORAL ORDER:- 1. By this Petition, the petitioner is challenging the order dated 6.4.2010 rendered by the learned Member of Co-operative Court, Nanded in dispute no.122 of 2010. By that order, the learned Judge of the Co-operative Court rejected the application filed by the petitioner seeking interim injunction restraining the respondent no.1 from constructing the plot no.21 in the respondent no.3 Housing Co-operative Society. (2) WP. 4684.2010 2. Counsel for the petitioner submits that he does not want to address the main prayer regarding the temporary injunction if limited prayer is granted to the extent i.e. the respondent no.1 and 2 shall not create third party interest and shall not create encumbrances on plot no.21. 3. There is no serious dispute about concern of the petitioner in respect of plot no.21. However, the dispute is pending before the Co-operative Court, Nanded and therefore I deem it proper to refrain myself from expressing any opinion as regards merits of the case. Suffice it to say that the limited prayer of the petitioner cannot be regarded as un- reasonable. The change of hands is likely to cause multiplicity of litigation and therefore, it would be appropriate to direct that the dispute may be expeditiously decided by the Co-operative Court, Nanded and the respondent no.1 and 2 shall not create third party interest in respect of plot no.21 till the final decision of the dispute which shall be (3) WP. 4684.2010 decided within a period of three months as far as possible. It is, however, made clear that the respondents 1 and 2 may obtain construction permission and may proceed with the construction of the plot on furnishing an undertaking that if so directed by the Co-operative Court, they will remove the construction within a period of fortnight. 4. With these observations, the Petition is disposed of. Sd/- [V.R. KINGAONKAR, J.] arp