-1- 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 FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.1371 OF 2007 APPLICATION NO.1371 OF 2007 APPLICATION NO.1371 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL NO.734 OF 2004 APPEAL NO.734 OF 2004 APPEAL NO.734 OF 2004 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr.K.K.Malpathak for the Applicant CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 28, 2008 : FEBRUARY 28, 2008 : FEBRUARY 28, 2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant. He stated that the notice has been given to the Advocate for the first Respondent. 2. I have perused the impugned Judgment and Decree. My attention has been invited to the order dated 14th July 2006 passed on Civil application No.799 of 2004. 3. In so far as the prayers (a) to (c) are concerned, the same cannot be granted in this civil Application considering the nature of the impugned decree. 4. In so far as the prayer (d) is -2- concerned, I find that the order dated 14th July 2006 needs no modification. The order dated 14th July 2006 does not prevent the individual members of the Applicant-society from transferring their membership or alienating their respective flats. In the circumstances, no modification is required as prayed in prayer clause (d). 5. Subject to what is observed above, application is disposed of. 6. It will be open for the applicant to file appropriate proceedings for claiming reliefs in incorporated in prayer clauses (a) to (c) of this application. JUDGE JUDGE JUDGE