: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER (ST.) NO.10325 OF 2008 IN NOTICE OF MOTION NO.595 OF 2008 IN L.C.SUIT NO.515 OF 2008 WITH CIVIL APPLICATION (ST.) NO.10327 OF 2008 IN APPEAL FROM ORDER (ST.) NO.10325 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.A.S. Karwande for the Appellantds. Mrs.Geeta Joglekar for the B.M.C. CORAM : S.J. VAZIFDAR, J. DATED : 23RD APRIL, 2008. P.C. : 1. The impugned order cannot be faulted in as much as the learned Judge has rightly observed that the B.M.C. was bound by the order in Suit No.4588 of 2005 filed by Defendant No.3 society against the Plaintiff and the B.M.C. If the : 2 : Plaintiffs/Appellants are aggrieved by that decree, the remedy is to have the same set-aside. I am informed that the proceedings for the same are already pending. That decree cannot be sought to be thwarted by the present proceedings. 2. It is made clear that the proceedings for setting aside the said decree shall be decided at their own merits. 3. In the circumstances, the Appeal from order is dismissed. 4. The Civil Application is accordingly dismissed.