Dissenting Member Cannot Stall Redevelopment – Interim Mandatory Injunction to Vacate Flat

Judgment dated 5.11.2026 of the High Court of Bombay in Writ Petition No.14139 of 2026 of Pritam Sadan Sahakari Gruharachana Sanstha Maryadit  Vs.   Jyotsna S. Rajopadhya 

Petitioner is a Co-operative Housing Society, who wants its member (Respondent) to vacate possession of Flat No.3 for the purpose of carrying out re-development of its building in pursuance of the Development Agreement dated 15 April 2026 executed by it with the developer. It has accordingly petitioned this Court challenging the order passed by the Co-operative Court dated 29 April 2026 refusing to grant mandatory temporary injunction against Respondent to hand over possession of Flat No. 3 for re-development purposes as well as the order passed by the Co-operative Appellate Court on 10 September 2026 dismissing the Appeal From Order No. 23 of 2026 and confirming Digitally signed by the order of the Co-operative Court.

In a litigation involving non-vacation of premises by dissenting members of a housing society or association of apartments, when interim relief of handing over possession is sought by the society or by the developer, the Civil and Cooperative Courts cannot apply the usual principle of grant of temporary injunction being akin to granting final relief. Even if it may be akin to grant of final relief, it must necessarily be granted. By withholding such relief till final decision of the Suit/Dispute, the subject matter of litigation is put at the risk of being frustrated. Afterall temporary injunctions, prohibitory or mandatory, are to be granted principally for preserving the subject matter of litigation. Therefore, mandatory temporary injunction can be granted once the Court is satisfied that permitting a dissenting member to occupy the flat would put the entire project in a serious predicament.