1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.1911 OF 2009 M/s.Abhay Construction Co. & Ors. ...Petitioners vs. Abhay-Deep Co-operative Housing Society Ltd. & Ors. ...Respondents Mr.S.A.Sawant for the petitioners Mr.Niyaz Ahmed for respondent nos.3 and 10 CORAM :A.S.OKA,J. DATE : SEPTEMBER 10, 2009 P.C. 1 Heard the learned counsel for the petitioners. The petitioners are the first defendant-builders. The suit is filed by a society of flat purchasers and the flat purchasers for enforcing the legal obligations of the petitioner under the Maharashtra Ownership Flats (Regulation of the Promotion of construction, sale, management and transfer) Act, 1963. An application was made by the petitioner-first defendant praying that the names of the certain plaintiffs be deleted on the ground that the said plaintiffs have already sold their respective flats. The said application has been rejected by the trial court. While rejecting the said application, the trial court has observed that the plaintiffs will have to prove their case for grant of reliefs claimed in the suit. 2 2 By the impugned order, the rights of the parties have not been adjudicated upon. The question whether the plaintiffs whose names were sought to be deleted can prosecute the suit will depend upon the terms and conditions of sale transactions entered into by them. This aspect can be decided only when parties adduce evidence. Hence, no case is made out for writ jurisdiction under Article 227 of the Constitution of India. Writ Petition is rejected. JUDGE