1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTER PATENT APPEAL NO.35 OF 2006 LETTER PATENT APPEAL NO.35 OF 2006 LETTER PATENT APPEAL NO.35 OF 2006 IN IN IN WRIT PETITION NO.4426 OF 2005 WRIT PETITION NO.4426 OF 2005 WRIT PETITION NO.4426 OF 2005 Ekta Co-operative Housing Society Ltd. ..Appellant Ekta Co-operative Housing Society Ltd. ..Appellant Ekta Co-operative Housing Society Ltd. ..Appellant (Orig.Respdt.No.4) (Orig.Respdt.No.4) (Orig.Respdt.No.4) Vs. Vs. Vs. Shrikumar Co-op. Hsg.Society Ltd.& Ors. ...Respondents Shrikumar Co-op. Hsg.Society Ltd.& Ors. ...Respondents Shrikumar Co-op. Hsg.Society Ltd.& Ors. ...Respondents ----- ----- ----- Mr.A.S.Desai for Appellant Mr.A.S.Desai for Appellant Mr.A.S.Desai for Appellant Ms. Angeline Rodrigues i/b.Mr.Mohan Pungata for Ms. Angeline Rodrigues i/b.Mr.Mohan Pungata for Ms. Angeline Rodrigues i/b.Mr.Mohan Pungata for Respondent No.1. Respondent No.1. Respondent No.1. CORAM: R.M.S. KHANDEPARKAR & CORAM: R.M.S. KHANDEPARKAR & CORAM: R.M.S. KHANDEPARKAR & SMT. ROSHAN DALVI, JJ. SMT. ROSHAN DALVI, JJ. SMT. ROSHAN DALVI, JJ. DATED: 14TH MARCH, 2006 DATED: 14TH MARCH, 2006 DATED: 14TH MARCH, 2006 P.C. P.C. P.C. 1. Heard. 1. Heard. 1. Heard. 2. By the impugned order, the lower court 2. By the impugned order, the lower court 2. By the impugned order, the lower court directed the maintenance of status-quo and has not directed the maintenance of status-quo and has not directed the maintenance of status-quo and has not decided any of the rights of the parties. Being so, decided any of the rights of the parties. Being so, decided any of the rights of the parties. Being so, the impugned order cannot be said to be a judgment the impugned order cannot be said to be a judgment the impugned order cannot be said to be a judgment within the meaning of clause 15 of the Civil Procedure within the meaning of clause 15 of the Civil Procedure within the meaning of clause 15 of the Civil Procedure Code regarding the Letters Patent Appeal. On that Code regarding the Letters Patent Appeal. On that Code regarding the Letters Patent Appeal. On that count itself, the appeal is liable to be dismissed. count itself, the appeal is liable to be dismissed. count itself, the appeal is liable to be dismissed. Even otherwise in the facts and circumstances Even otherwise in the facts and circumstances Even otherwise in the facts and circumstances mentioned, mere passing of the order, the effect of mentioned, mere passing of the order, the effect of mentioned, mere passing of the order, the effect of which is to direct maintenance of status-quo, cannot which is to direct maintenance of status-quo, cannot which is to direct maintenance of status-quo, cannot be a case for interference in Letter Patent Appeal. be a case for interference in Letter Patent Appeal. be a case for interference in Letter Patent Appeal. Being so, the appeal is rejected. Being so, the appeal is rejected. Being so, the appeal is rejected. 2 (Smt.Roshan Dalvi, J.) (R.M.S.KHANDEPARKAR, J.) (Smt.Roshan Dalvi, J.) (R.M.S.KHANDEPARKAR, J.) (Smt.Roshan Dalvi, J.) (R.M.S.KHANDEPARKAR, J.)