1. By this Appeal, the appellants challenge the order passed by the learned single Judge of this court dated 3rd April, 2002. The appellants are the plaintiffs. The plaintiffs are a co-operative housing society. It has filed the civil suit, claiming a decree of declaration that the members of the plaintiff no.I society and defendant no.2 society are the only beneficial owners of the property bearing city survey no.572 of Malabar Hill and Cum ball Hill Division more particularly described in Schedule A to the conveyance deed. They are also seeking decree, directing the defendant no.1 to execute conveyance in favour of plaintiff no.1-society in respect of their entire right, title and interest in the lands and buildings, more particularly described in schedule A to Exhs. 'C' and 'D' in favour of plaintiff no.1 in terms of the provisions of Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as the' Act').

2. In the suit the plaintiffs had taken out a notice of motion, claiming several interim relief The principal interim relief claimed is that defendant no.1 shall not raise any additional co