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. CIVIL CIVIL CIVIL APPLICATION NO.3370 OF 2007. APPLICATION NO.3370 OF 2007. APPLICATION NO.3370 OF 2007. IN IN IN FIRST FIRST FIRST APPEAL NO.25 OF 1992. APPEAL NO.25 OF 1992. APPEAL NO.25 OF 1992. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri R.A.Thorat for the Applicant. Shri Mandar Limaye h/f Shri R.S.Apte for the Respondent No.5. Shri B.A.D’Lima for the proposed respondent respondent Pramod Co-operative Housing Society Ltd. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 07th MARCH, 2008. : 07th MARCH, 2008. : 07th MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard advocates appearing for the parties. In view of order passed in Civil Application No.200 of 1992 the possession of the applicant/appellant has been already protected and therefore, the applicant cannot be dispossessed by the respondents in the appeal till the final disposal of the appeal. 2. Now the case of the applicant is that the Co-operative Housing Society in which the suit flat is situated is likely to enter into a development agreement. Therefore, this application is made for impleading the society as a party and for claiming injunction against the society. The society is : 2 : neither necessary nor a proper party to the appeal considering the controversy in the appeal. It will be open for the applicant to take out appropriate proceedings against society for appropriate relief. The relief which is prayed for in this application cannot be granted in the pending appeal. Subject to what is stated above, application is rejected. Judge. Judge. Judge.