1997 Supreme(Bom) 640
S.S.NIJJAR
Harsharansingh Pratapsingh Gujral and others – Appellant
Versus
Lokhandwala Builders Ltd. and others – Respondent
JUDGMENT - S.S. NIJJAR, J.:---The plaintiffs have filed this suit praying for an order of injunction restraining the defendants from constructing any additional building/structure of whatsoever nature on the open space of the suit property described in Ex. A to the plaint as shown in green colour in the plan at Ex. C to the plaint. The plaintiffs also pray for a mandatory decree directing the defendants to provide 11953 sq. ft. = 1110.43 sq. mtrs. recreational ground open space on the suit property. A direction is sought to the defendants to form and register a co-operative society or any other corporate body of all flat purchasers and the purchasers of the row houses constructed on the suit property and to execute a conveyance in favour of the society/corporate body of all the flat purchasers and the purchasers of the row houses transferring the whole of the right, title and interest of the defendants in the suit property including the portion reserved in Bombay's Development Plan for a public purpose of recreational ground. Certain other prayers are also made.
2.This Notice of Motion has been taken out praying that the defendants be restrained from constructing any additional bui
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