ash 1 350ao-808.06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 808 OF 2006 Andheri Tape Village Sabarmathi Co-operative Housing Society Ltd. .. Appellant. Vs Truly Creative Developers. .. Respondent -- Shri R.A. Thorat for the Appellant. Ms Prachi Tatke for Respondent No.2. -- CORAM ; A.S. OKA, J DATED : 30TH MARCH, 2011 P.C. . Heard learned counsel appearing for the Appellant. The appellant is the original 1st Defendant and the 1st Respondent is the original Plaintiff. In a suit filed by the 1st Respondent, a Notice of Motion for temporary injunction was taken out. By the impugned order, the Notice of Motion has been made absolute in terms of prayer clauses (a) and (b). 2. I have heard learned counsel appearing for the Appellant in support of the Appeal. His submission is that the impugned order is illegal and considering the claim in the suit, injunction could not have been granted. ash 2 350ao-808.06 3. The suit is filed for a declaration that the 1st Respondent is duly appointed as the Developer of the property of the Appellant and for a declaration that the termination notice dated 30th September, 2005 issued by the Administrator of the Appellant is void and illegal. By the impugned order, the Appellant has been restrained from acting in pursuance of the resolution passed by the General Body Meeting of the Appellant dated 20th September, 2005 and from entering into any Development Agreement with any of the developers. Perusal of the impugned order shows that the Trial Court has found that on 10th June, 2005 a consent letter was given by more than 56 members of the Appellant Society. 4. Considering a prima facie finding recorded by the Trial Court, there is no reason to interfere with the discretionary and equitable relief of interim injunction. There is no perversity in the impugned order. Hence, I pass the following order. ORDER (a) The Appeal is dismissed. (b) The Trial Court will decide the suit on its own merits without being influenced by the tentative findings recorded in the impugned order and confirmation thereof by this Court. ash 3 350ao-808.06 (c) All contentions of the parties on merits are kept open. (d) The Trial Court shall endeavour to decide the suit before the end of November, 2011. ( A.S. OKA, J )