:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 4873 OF 2007 Smt.Urmilaben D. Shah ...Petitioner Versus Sagar Mahal CHS Ltd ....Respondents ---------- Mr.Narula i/by.Jhangiani, Narula & Associates Adv. for the petitioners. P.R.Chaturvedi Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. 8th January, 2008. P.C. P.C. P.C. : : : 1. The appeal preferred by the petitioner before me has been dismissed and the relief of injunction which has been rejected by the trial court is upheld. The petitioner is the original disputant and therefore :2: :2: :2: has filed the present petition. 2. Having perused the petition and the Annexures thereto, I am of the view that when the main dispute is pending and the petitioner prima-facie could not assert any independent right of parking the vehicle, so also, he having already been provided with garage, the courts below were right in refusing the interim relief. The finding of fact recorded by the lower appellate court is that the petitioner has been a member of the society. She has occupied Flat No. 43. The son of the petitioner may be a member in respect of garage no.5 but he does not reside in the society. In such circumstances, that garage is available. The dispute between the mother and the son is not a ground for the petitioner to be provided with an independent garage. Admittedly, the car parking space is something which is a facility and which is also not denied, as is, clear from the impugned order. Petition is therefore dismissed. 3. Needless to state, that without prejudice to the rights and contentions of both sides in the pending :3: :3: :3: dispute, the society can consider the request of the petitioner for providing her the car parking space and any application made in that behalf would be considered and decided in accordance with the prevalent policy. sd/- *******