1 wp5286-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 5286 OF 2011 Khare Group Housing Owners Co-op. Society Ltd. .. Petitioner Versus Pandurang Waman Khare ... Respondent Mr. T. S. Ingale for the petitioner Mr. S. S. Patwardhan for Respondent no.1 Mr. Sudhir Prabhu for Respondent no.2 CORAM : R. Y. GANOO, J. DATED : 20th October, 2011 P.C. 1. The contesting respondent in the above petition is respondent no. 1. The respondents had filed a Suit in the Court of Civil Judge, Senior Division, Sangli, being Regular Civil Suit No.31 of 2011 against Respondent no.2 seeking order of injunction, restraining respondent no. 2 from interfering with the possession and enjoyment of the property covered in the suit. The purport of the said prayer is to be taken as, the corporation shall not interfere save and except by due process of law. The present petitioner, who claims to be a cooperative society which is formed out of the various flat purchasers, applied to the trial court for being joined as a party defendant. That application (Exh. 8) 2 wp5286-11 has been rejected by the learned 3rd Joint Civil Judge, Junior Division, Sangli by an order dated 18th March, 2011. This order is challenged in this petition. 2. Looking to the nature of the relief sought, it would be difficult for this court to interfere with the order passed on 18th March, 2011. The desire of respondent no.1 is limited that the corporation should not interfere with their possession, save and except by due process of law. In such suit, the presence of some persons through the society is not at all required. 3. If at all the petitioners have any grievance about the work which, according to the petitioner is carried in an illegal manner, it would be open for the petitioner to approach the respondent Corporation by making a complaint or instituting a separate suit. Needless to mention that if such a complaint/suit is filed it will be considered on its own merits. Same is the position in respect of the present suit. 4. For the aforesaid reasons, no interference is required in the impugned order. The petition is dismissed at the stage of admission. There shall be no order as to costs. (R. Y. GANOO, J.)