-: 1 :- caw-2606/10. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2606 OF 2010 IN WRIT PETITION NO. 2803 OF 2010 The Vishwakarma Nagar Co-operative Housing Society Ltd. ..Applicant. Versus Nalikant Mukunday Dave & Others. ..Respondents. Mr. Y. S. Jahagirdar, Senior Advocate with Mr. Vilas Naik and Mr. Prashant Naik for the Applicant. Mr. Chandra Naik for respondent nos. 1 to 8. Mr. Sukand Kulkarni for respondent no.9. Coram : RANJIT MORE, J. Date : November 24, 2010. P. C. : 1. Heard learned counsel for the respective parties. Civil application is filed for following reliefs : (a) that this Hon’ble Court may be pleased to clarify its order dated 7/4/2010 delivered in Writ Petition No. 2803 of 2010 to the effect that the Co-operative Court No.IV, Mumbai is not prevented from deciding interim applications taken out by the applicants in srp -: 2 :- caw-2606/10. Case No. CC-IV/85/2010. (b) that the Co-operative Court No.IV, Mumbai be directed to decide the interim applications in Case. No. CC-IV/85/2010 expeditiously.” 2. Writ Petition No. 2802 of 2010 and 2803 of 2010 are arising out from Dispute No. 307 of 2009, which was filed by respondent nos.1 to 8. The said Dispute, inter-alia, challenges the entire scheme of redevelopment, including various Resolutions passed by the Applicant-Society and the development agreement in favour of respondent no.9. 3. Respondent nos.1 to 8 also filed an interim application at Exhibit-5. The trial Court initially granted an ex-parte order in terms of prayer clauses (c) and (f) thereof, which read as follows : “(c) Pending the hearing and final disposal of the Dispute Application the Opponents their agents, employees, servants and person/s claiming through them be temporarily restrained by an order of this Hon’ble Court from disconnecting and discontinuing the water supply and electricity supply, Mahanagar Gas Supply connections to the disputed flats described in the Schedule- “A” annexed hereto and maintenance, security and disturb and damage the -: 3 :- caw-2606/10. drainage of Vishwakarma Building and disputed flats owned by disputants, Vishwakarma Nagar Co-operative Housing Society Ltd, C.S.Road, Anand Nagar, Dahisar (E), Mumbai – 68. (f) Pending the hearing and final disposal of the Dispute Application the Opponents their agents, employees, servants and person/s claiming through them be temporarily restrained by an order of this Hon’ble Court from disturbing and/or dispossessing the Disputants from the disputed flats described in the Schedule annexed at Exhibit-A to the Dispute Application owned and possessed by Disputants situated at Vishwakarma Building, Vishwakarma Nagar Co-operative Housing Society Ltd, C. S. Road, Anand Nagar, Dahisar (E), Mumbai – 68, property bearing CTS No. 1206-C of Dahisar village and causing nuisance, hardship, inconvenience to the Disputants and their family members thereof.” 4. This ex-parte interim order was continued from time to time. However, after hearing both sides, the trial Court vacated this order. 5. Respondent nos.1 to 8 thereafter filed an appeal, being Appeal No.35 of 2001 before the Co-operative Appellate Court, Mumbai. The Appellate Court continued the interim order granted by the trial Court in terms of prayer clauses (c) and (f), which are re-produced above. The Appellate Court thereafter passed the order, which is impugned in both the aforesaid writ petition, -: 4 :- caw-2606/10. thereby restraining respondent no.9 -Developer and the Society from demolishing the structures. 6. The above writ petitions, after hearing both sides, came to be admitted by this Court and the Appellate Court’s order mentioned above restraining respondent no.9 and the Applicant-Society from demolishing the structures is stayed. However, the interim order dated 22nd December 2009 passed by the trial Court in terms of prayer clauses (c) and (f) is continued during the pendency of writ petitions. 7. The Applicant-Society has also filed separate dispute being Dispute No. 85 of 2010 for recovery of possession of the premises which are in possession of respondent nos.1 to 8. The Applicant- society has also filed an application for appointment of Receiver in this Dispute at Exhibit-5. The Applicant-society insisted for hearing on this application before the trial Court, namely, Co-operative Court No.-IV, Mumbai. This prayer was opposed by respondent nos. 1 to 8 on the ground that the Appeal is pending before the Appellate Court and two Writ Petitions are also pending before this Court. The Co-operative Court No.-IV, Mumbai by its order dated 15th September 2010 clarified that no order can be passed on the -: 5 :- caw-2606/10. interim application [Exhibit-5] in view of the pendency of writ petitions in the High Court. 8. I have heard learned counsel for the respective parties and I have also gone through the compilation of civil application and the interim order passed by me on 7th April 2010 in above writ petition. By the said interim order, the Co-operative Appellate Court’s order dated 31st March 2010 was stayed, however, the interim order passed by the trial Court on the Application of respondent nos.1 to 8 in terms of prayer clauses (c) and (f) of Exhibit-5 was continued during the pendency of these writ petitions. I did not intend to stay the further proceedings of the Dispute pending before the Co- operative Court or Appeal pending before the Co-operative Appellate Court. The scope of the Writ Petitions is limited to the legality and validity of the order dated 31st March 2010 passed by the Co-operative Appellate Court. In the above circumstances, I dispose of the civil application by giving clarification that the order dated 7th April 2010 passed by me in above writ petitions shall not be construed as stay to the further proceedings of Dispute Nos. 85 of 2010 and/or 307 of 2009 or Appeal from Order No. 35 of 2010. The trial Court is at liberty to hear the Interim Application filed by -: 6 :- caw-2606/10. the Society in Dispute No. 85 of 2010 independently on its own merits and without being influenced in any manner by the order passed by this Court on 7th April 2010. 9. By consent, the proceedings of the appeal being Appeal from Order No. 35 of 2010 pending before the Co-operative Appellate Court, Mumbai is expedited. (RANJIT MORE, J.)