wp8742-11-F.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8742 OF 2011 1. Mr. Sanjay P. Kshirsagar & Ors. ... Petitioners. V/s. Sion Kamgar Co-operative Hsg. Society Ltd., ... Respondent. --- Mr. R. A. Thorat i/by Mr. P.J. Thorat for the Petitioners. Mr. H.R. Pawar, Advocate for Old Administrator. Mr. R.J. Mane, Advocate for New Administrator. --- CORAM:- G.S. GODBOLE, J. DATED :- 23rd NOVEMBER, 2011. P.C. : 1 Heard Mr. R.A. Thorat for the Petitioners. 2 The impugned order is purely interlocutory order and it does not even remotely decide the rights of the parties to the dispute. The observations made in the impugned order are obviously for the limited purpose of deciding the Appeal from Order which was filed for challenging the interim order passed by the Trial Court. It is therefore, needless to state that while deciding the dispute on merit, the Trial Court will not be influenced either by the observations made in the Judgment and Order of the Trial Court or of the Appellate Court or for that matter of this court. wp8742-11-F.sxw 2 3 Mr. Thorat, however, apprehends that certain resolutions passed in the Special General Body Meeting dated 22.01.2011 would operate as injunction against the Petitioners from selling their respective flats. It is difficult to accept this submission. The resolution cannot operate as an injunction. The Petitioners, if they so desire, can always enter into an agreement or document for the transfer of their respective flats. However, if they do so, the fact of the pendency of the dispute as well as the other disputes in the Co-operative Court which are filed for challenging the Resolutions dated 18.04.2002 and 25.04.2002 should be specifically brought to the notice of the prospective purchaser and a clause shall be incorporated in any agreement which the Petitioners may want to enter into, which they are not prevented from entering into at present. 4 With this clarification, the Writ Petition is dismissed. [G. S. GODBOLE, J.]