1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.473 OF 2009 IN NOTICE OF MOTION NO.2483 OF 2008 IN SUIT NO.2136 OF 2008 Deepak Virani ...Appellant v/s Sai Mangal Enterprises and ors. ...Respondents Mr Nimish Desai for Appellant. Mr A.Y. Sakhare, Sr. Counsel with Mr Girish Pandit for Respondents. WITH APPEAL NO.525 OF 2009 IN NOTICE OF MOTION NO.2483 OF 2008 IN SUIT NO.2136 OF 2008 2 Jyoti U. Sonpal and anr. ...Appellants v/s Sai Mangal Enterprises and ors. ...Respondents Mr Vinay Hegde for Appellants. Mr A.Y. Skhare, Sr. Counsel with Mr Girish Pandit for Respondents. CORAM : D.K. DESHMUKH AND R.V. MORE JJ. DATE : 28TH APRIL 2010. P.C. :- 1] By both these appeals, the same order passed by the learned Single Judge is challenged. The appellants are members of a Co-operative Society. The appellant in appeal No.473 of 2009 who has admittedly entered into an agreement for development and the Society has passed resolutions affirming that agreement. We have been informed that those resolutions were challenged in the Co- operative Court. They were not in a position to secure any interim order in relation to the 3 resolutions. In our opinion, considering that Society is the owner of the property, that the Society has entered into an agreement and the agreements have been ratified by the general body of the Society and only few members are causing obstructions, no exception can be taken to the order passed by the learned Single Judge. The learned Single Judge has also taken care to protect interest of the members of the Society. In this view of the matter, therefore, no interference is called for in the order impugned. Appeals are rejected. Notice of motion No.3706 of 2009 taken out in appeal No.473 of 2009 is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. (JUSTICE D.K. DESHMUKH) (JUSTICE R.V. MORE)