bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 133 OF 2008 PETITION NO. 133 OF 2008 PETITION NO. 133 OF 2008 M/s.Truly Creative Developers P. Ltd. ... Petitioner v/s Samatanagar Shivdarshan Co-op. Housing Society Ltd. & ors. ... Respondents Mr.G.N.Salunke for the petitioner. Mr.S.G.Surana for the respondent No.2. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 10TH DECEMBER, 2008 10TH DECEMBER, 2008 10TH DECEMBER, 2008 P.C. P.C. P.C.: 1. The petitioner challenges the order passed by the appellate Court vacating the injunction granted by the Co-operative Court in the dispute filed by the petitioner against the Society. One of the reasons for vacating the injunction appears to be that the Co-operative Court would not have jurisdiction to decide the issue. Apart from this, the appellate Court has considered the merits of the case and has held that the injuction granted may be vacated. 2. In my opinion, there is no need to interfere with this order. The issue with respect to the jurisdiction 2 will be decided by the Co-operative Court after framing that issue as a preliminary issue. It is only when it finds that it has the jurisdiction to pass any interim orders, that the interim order as prayed for can be considered by the Co-operative Court. 3. Writ petition rejected.