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2010 Supreme(Bom) 64

C.L.PANGARKAR
Noopur Developers a registered partnership firm formed under the Indian Partnership Act – Appellant
Versus
Himanshu V Ganatra – Respondent


Advocates Appeared:
For the Appellant:V A Thorat, Senior Advocate, with Mr.Jain and Mr.G S Godbole i/by M/s. L J Law, Advocates.
For the Respondents:R1 to R43, Niranjan Lapashiya with Ms.Uma Jha i/by M/s.Niranjan & Co., Advocates.

Judgment :

1. This Appeal has been preferred by the Original Defendant against whom an order of injunction has been passed.

2. The facts giving rise to this Appeal are as under:

The Original Defendant/Appellant is a promoter. He construed a building known as “Megh” at Borivali-Mumbai on Original Plot No.78, Final Plot No.120. He constructed the building having two wings `A’ and `B’ on the said plot. The Plaintiffs purchased the flats in wings `A’ and `B’. Both the wings consist of Ground+7 upper floors. Besides wings `A’ and `B’, there is in existence structure of W.C., Pump Room Suction Tank, Underground Water Tank and old building. In the year 1997, the Defendant/Appellant represented to the Plaintiffs that the Defendant is the owner of the property and he has requisite permission for redevelopment of the said property. When the said flats were offered for sale it was also represented that an area of 335 sq.mtrs. would be left for recreation ground and there would be space for parking of cars etc. The Defendant/Appellant therefore entered into agreement for sale for various flats and as stated earlier the Plaintiffs purchased some of the flats. The Plaintiffs were requesting the D











































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