1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.27 OF 2010 Ramji S. Rao ...Appellant. v. Shri Abdullah Masjid Saheb Jendi Since deceased Through legal heirs 1) Smt. Fatima Abdullah Jendi & Ors. ...Respondents. Mr. M.N.Dhamal, adv., for the Appellant. Mr. B.M.Salunkhe, adv., for the respondent nos.1 to 9. CORAM : J.H.Bhatia, J. DATE : 20th September, 2010 P.C.: 1 Heard the learned counsel for the parties. 2 Respondent No.10, who is an association of certain persons claiming certain rights in Mohamedali Chawl, filed S.C. Suit No.3191 of 2007 against the defendants/respondent nos.1 to 9 for partition and separate possession of the property. As association claims 66% of the share in the property, they also took out notice of motion for injunction restraining the defendant nos.1 to 9 from executing decrees obtained by them against the individual tenement holders, who are said to be members of the said plaintiff association. That notice of motion was rejected. Thereafter the present appellant, who 2 claims to be one of the members of the plaintiff/association took out notice of motion no.1207 of 2009 claiming similar relief about execution of the decree against him. That notice of motion was rejected. Therefore, he has preferred the present appeal. 3 Admittedly, the defendant nos.1 to 9 had also filed separate suits before the Small Causes Court against all the 9 persons, who were occupying tenements. Some of the suits were decreed. Suit filed against the present appellant for eviction has been decreed and writ petition against said decree passed by the Appellate Court has also been dismissed. Thus, as far as the present appellant is concerned, there is decree for eviction against him and that can be executed by the decree holders as per the procedure of law. 4 The learned counsel contended that the appellant is one of the members of the plaintiff/association and as his rights are being affected, he is entitled to seek temporary injunction pending the suit. The appellant is not plaintiff in his individual capacity. The plaintiff/association had already filed notice of motion , which has been dismissed. Having obtained permission for filing the suit through association, now individual members can not take out individual and independent notices of motion after rejection of the notice of motion 3 taken out by the association. Therefore, I do not find any substance in the present appeal against rejection of the notice of motion taken out by the present appellant. 5 Therefore, appeal as well as application stand dismissed. (J.H.BHATIA, J.)