1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3139 OF 2008 Rajkumar Sakariya & Ors. ...Petitioners. Vs. Pragati Co-operative Housing Society Ltd., Mazgaon & Ors. ...Respondents. .... Mr.Sameer Tendulkar for the Petitioners. None for the Respondents. ..... CORAM :DR.D.Y.CHANDRACHUD, J. May 5, 2008. P.C.: The Writ Petition was filed for challenging the order passed by the Co-operative Court declining to extend an ad-interim ex-parte stay on the ground of non-compliance of Order 39 Rule 3 of the Code of Civil Procedure, 1908. Now, it is stated before the Court that the main application for interim relief is posted for hearing before the Co- operative Court tomorrow. In that view of the matter, since the Co- operative Court is seized of the application for the grant of interim relief, it would neither be appropriate, nor proper to interfere at the 2 present stage. All rights of the Petitioners which the Petitioners assert on merits can well be urged in the Co-operative Court. No interference under Article 226 of the Constitution of India is warranted at the interlocutory stage when the proceedings are to be taken up for hearing shortly hereafter by the Co-operative Court. The Petition is accordingly disposed of. ......