MR. JAYANT PATEL -- The short facts of the case appear to be that the petitioner is the trustee of one Harikrushnadas Chhaganlal, Nanalal Hargovinddas and Ishwarlal Mohanlal Seva Samaj Trust. As per the petitioner, respondent No.2 -Maruti Cooperative Housing Society Ltd. (hereinafter referred to as 'the Society') was holding the land admeasuring about 400 sq.yards. of the common plot. It appears that the society passed the resolution for sale of the land to the so- called trust and based on the said resolution, on 26.05.1993, vide No. 11820, the land of common plot has been sold by the society against the consideration of Rs.80,001/-in favour of the trust through its trustees. It appears that the suit came to be filed by respondent No.1 in capacity as the member of the society being Lavad Suit No. 2256 of 1994. At a stage where the petitioner was to make the construction over the said land, the learned Nominee, on 29.09.1994, had issued the interim injunction restraining the society as well as the petitioner herein from making any construction over the land. Inspite of the same, the petitioner continued with the construction and it appears that pending the suit the constru