1990 Supreme(Bom) 186
C.MOOKERJEE, S.P.KURDUKAR
Real Estate Agency – Appellant
Versus
Model Co-operative Housing Society Ltd. & others – Respondent
JUDGMENT - C. MOOKERJEE, C.J.:---Model Co-operative Housing Society, Respondent No. 1 herein had originally instituted in the Court of the District Sessions Judge, Goa, Daman and Diu at Panaji a suit against the present Appellant Real Estate Agency as Defendant No. 9 and also against other Defendants-Respondents inter alia with the prayers that the Defendants be directed to acknowledge that in La Campala residential colony there existed a central open space measuring 19,250 square metres as described in the plaint and that the plaintiff's who were owners of Plot No. B-1 to B-5 of the said colony had rights of easement of light and ventilation and play ground over the said central open space measuring 19,250 square metres. The plaintiff's had further prayed for permanent injunction to restrain the defendants 1 to 8 from interfering with in any manner with the right of the palintiffs over the said central open space and for restraining the Defendant No. 9 from reducing in any manner the area of the central open space and/or from alienating any part thereof. The plaintiffs had also prayed for injunction upon the defendant Nos. 10 and 11 from giving any licence and/ or permission to
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