1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 2602 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 2602 OF 2011 *** 1. Heard Advocate Shri M. P. Tripathi for the Petitioner and Advocate Mr. Kulkarni for Respondent. 2. In a suit filed for perpetual injunction by Respondent/ plaintiff, he sought temporary injunction to protect his possession and to restrain the petitioner from interfering with his construction activity going on thereon. The trial Court as also Appellate Court found him in possession and accordingly has passed appropriate interim orders. 3. Shri Tripathi contends that present Petitioner is a promoter of cooperative housing society and that cooperative housing society has allotted the suit land to its 60 members and, therefore, Respondent/ plaintiff cannot be in possession. In the alternative, he further contends that if construction is 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 2602 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. completed, the present petitioners will be rendered remediless. 4. The petitioner before this Court is an individual and not any cooperative housing society. Not only this, there is no sanctioned plan of any lay out produced on record. The contention of allotment to members, therefore, cannot be accepted. 5. The Courts below have concurrently applied their mind and found Respondent/ plaintiff in possession. I do not see any jurisdictional error or perversity. The Respondent/ plaintiff is acting with open eyes and hence grievance of present petitioner that after construction the petitioner will be rendered remediless is misconceived. Petition is rejected. No costs. 6. It is made clear that observations made by this Court are only for the purpose of deciding the present petition at 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 2602 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. interlocutory stage and shall not come in way of civil Court while appreciating the evidence and facts presented before it. [B.P.DHARMADHIKARI, J.] Dated:08/04/2011. ans/2602