1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 946 OF 2008 W I T H CIVIL APPLICATION NO. 1146 OF 2008 IN APPEAL FROM ORDER NO. 946 OF 2008 M/s. Ganga Vihar `A' Co-operative Housing Society Ltd and anr. .......Appellants Verus Mrs.Magudevi Jugraj Jain and 4 Ors. ........Respondents Shri.Rajendra Prasad Ojha, adv.for appellants. Mr.R.A.Thorat, adv.for respondents no.1 and 2. Coram: Smt.R.P.SondurBaldota, J. Dated : 22 nd September, 2008. P.C. : 1. This Appeal arises out of interim order dated 14th July, 2008 passed by the Bombay City Civil Court on the Notice of Motion taken out by the appellant rejecting the relief for interim injunction. 2. The dispute in the present appeal concerns stilt parking space A-8 situate underneath the building of Ganga Vihar-A, Co-operative Housing, 2 Society Ltd. Both, appellant no.2 and respondents no.1 and 2 stake their claims to the same. The builder and developer, respondent no.3 commenced the work of construction of building in January, 2002. The predecessor in title of respondent no.5 alloted the disputed parking space to respondents no.1 and 2 vide allotment letter dated 20th September, 2002. The letter of allotment bears a no-objection granted by the earlier allottee who is presently the Secretary of appellant no.1. On 24th June, 2003 society by name of `Ganga Vihar Co- operative Housing Society' came to be registered. The building constructed by the builder has two wings, ' A' and ' B'. It appears that subsequently i.e. on 18th January, 2006, separate societies came to be registered by name Ganga Vihar `A' Co-operative Housing Society Ltd 'and `Ganga Vihar `B' Co-operative Housing Society Ltd'. After the separate registrations, appellant no.1 alloted the disputed car parking space by its resolution dated 25th January, 2008 to appellant no.2. 3. It is alleged in the plaint that the members of appellant no.1 have always been parking their cars in the disputed car parking space and whenever the car parking space was empty, respondents no.1 and 2 would park their cars therein. This is disputed by the respondents, who contend as already mentioned above that the car parking space had been alloted to respondents no.1 and 2 by the allotment letter dated 20th September, 2002. As seen from the impugned order, respondents no.1 and 2 have got their documents registered with rectification and modification. Copies of those deeds have been 3 annexed by the appellant to the plaint. However, there is no challenge made to these registered documents. The appellants have challenged only the letter of allotment of the year 2002. In these circumstances, the Learned Judge of the Bombay City Civil court rejected the application for interim reliefs. I find no perversity or illegality in the impugned order. Therefore, the same does not require any interference. 4. Mr.Ojha relies upon a decision of our High Court in the case of Nahalchand Laloochand P.Ltd V/s. Panchali Co-operative Housing Society Ltd reported in 2008(3)Bom.C.R.page 727, and submits that, the allotment of parking space by a builder to an outsider is illlegal. There can be no dispute as regards the legal proposition. However, in the instant case looking to the facts and circumstances of the case, the court will have to consider at the time of final hearing, whether respondents no.1 and 2 can be said to be total outsiders in whose favour there could not have been allotment of parking space. 5. The Appeal from order is dismissed in limine. With the dismissal of the Appeal from order, the Civil Application does not survive. The same is accordingly disposed off. [Smt.R.P.SondurBaldota, J] 4