IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.5256 OF 2008 WRIT PETITION NO.5256 OF 2008 WRIT PETITION NO.5256 OF 2008. Yasmin Karachiwala and Anr ..Petitioners. V/s. Continental Tower Co-operative Housing Society Ltd. ..Respondents. Mr Vineet Naik i/b Rustamji & Ginwala for the Petitioners. Mr P. M. Shah, Advocate for the Respondent. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 25/7/2008. DATED: 25/7/2008. DATED: 25/7/2008. P.C.: P.C.: P.C.: ---- ---- ---- 1. Heard both parties. 2. This petition is directed against the judgment and order, dated 19.6.2008, passed in A.O. No. 3 of 2008 by the Co-operative Appellate Tribunal, Mumbai. The only contention pressed into service by the learned counsel for the Petitioners is that while framing operative part of the order the Appellate Court could not have injuncted or restrained the Respondents from creating any third party interest in the suit Flat No. 104, till the disposal of the Dispute before the Trial Court, for want of any prayer in that behalf. 3. The learned counsel appearing for the Respondents concedes to the legal position that in the absence of prayer, no such order could have been passed. In this view of the matter, he has no objection if operative part of the paragraph 4 is deleted from the impugned order. Consequently, para 4 of the operative part of the impugned order is set aside. The petition, accordingly, stands partly allowed in terms of this order with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)