1 AO 154 OF 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO. 154 OF 2010 Babasaheb s/o Yashwant Kedar Appellant V E R S U S Shankar Narhari Pund & others Respondents Mr. V.D. Hon, Advocate for the appellant Mr. R.N. Dhorde, Advocate for respondents No. 1, 6 to 33 Mr. N.V. Gaware, Advocate for respondents No. 2 to 5 CORAM : A.V. NIRGUDE, J. DATED : 18th January, 2011 PER COURT : 1. The original plaintiff has filed this appeal against the order passed by the learned Civil Judge, Senior Division, Ahmednagar rejecting his application for temporary injunction. The appellant / plaintiff came to the Court with a case that he and the defendants are joint owners of a plot of land. He said that initially he was chosen as the representative of the group. It is common ground that this group proposed to register a Co-operative Housing Society. The members of such Society intended to divide the land and distribute it amongst themselves for construction of their respective houses. But, in the mean time, on one hand the society was never registered, and, on the other hand, the plaintiff as the leader of the group on two occasions 2 AO 154 OF 2010 sold away part of the property. On both the occasions, he categorically took up a stand that he was thereby alienating undivided shares of certain members of the group. He himself sold away his undivided share in the property in 1995. Despite of this, he filed the suit and tried to prevent the remaining members of the group from exercising their right to alienate the remaining property. The Court below noticing the fact that the plaintiff himself had sold away his undivided share in the suit property, has lost locus to file the suit. In fact, the plaintiff prima facie does not have any right to the remaining plot of the land, and so, he prima facie does not have any case to prevent the remaining members from dealing with the remaining property. The appeal should therefore fail. The Appeal From Order stands dismissed. In view of dismissal of Appeal From Order, Civil Application No. 16778 of 2010 stands disposed of. ( A.V. NIRGUDE, J. ) SRM/ao/154/10/18/1/11