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1991 Supreme(Bom) 409

D.R.DHANUKA
G. I. C. Employer Sonal Vihar Co-operative Housing Sct. , & another – Appellant
Versus
Pandurang H. Vaity and other – Respondent


JUDGMENT - D.R. DHANUKA, J.:---G.I.C. Employees' Sonal Vihar Co-operative Housing Society (hereinafter referred to as the plaintiff No. 1 society) and Mrs. Kusum Bhaskarao Gorule, sole proprietress of M/s. Chitralekha Builders, have filed Suit No. 1335 of 1988 for specific performance of agreement dated 28th April 1986, a copy whereof is annexed as Exhibit 'B' to the plaint, in respect of property bearing Survey No. 287 (part) C.T.S. No. 727 situate at Sarojini Naidu Road, Mulund, Bombay, and for various other reliefs. The defendants Nos. 1 to 52 in substance are the vendors of the said property. Defendant No. 53 M/s. Shreenath Builders is impleaded as party defendant at a subsequent stage.

2. In this suit, the plaintiffs have taken out a notice of motion for an interim injunction restraining the defendants from creating any third party rights and/or dispossessing the 1st plaintiff and/or the 2nd plaintiff from the said property. The notice of motion taken out by the plaintiffs in this suit bears No. 1311 of 1988.

3. Sai Kripa Co-operative Housing Society Ltd. (hereinafter referred to as Sai Kripa Society) has filed Suit No. 1104 of 1988, inter alia, for specific performance of the s



























































































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