5. wp 3792-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3792 OF 2011 Federation of Edenwoods Co-op Housing Society Ltd .. Petitioner Vs Godrej Properties Ltd & Ors .. Respondents Mr. P.S. Dani with Mr. Nishant Shashidharan, Mr. Kunal Dwarkadas and Mr. Suraj Iyer i/b M/s. Ganesh & Co for the Petitioner Mr. V.V. Tulzapurkar a/w Anil Menon i/b M/s. Anil Menon & Associates for the Respondents CORAM : D.G. KARNIK, J. DATE : 14th JUNE, 2011. P.C.: 1. Heard. 2. In my view, the order of the Appellate Court needs no interference save and except a small modification made by this order. 3. Injunction has been granted by the Appellate Court restraining the respondents from creating any third party interest in respect of a part of the suit property. However, permission has been granted for creation of third party interest in respect of part of the property i.e a building known as 'Pine Building.' 1 5. wp 3792-11.doc 4. It would be therefore appropriate to direct that if any third party interest is created in respect of 'Pine Building', the same shall always be subject to the result of the suit. In order to protect the interest of the purchasers, it is further directed that the respondents shall, at the time of creating any third party interest, inform to the purchaser about pendency of the suit and that the purchaser shall not be entitled to claim any equities. 5. Subject to this modification, the rest of the order passed by the Appellate Court is confirmed. 6. The Writ Petition is disposed of in abovesaid terms. [ D.G. KARNIK, J ] 2 5. wp 3792-11.doc 3