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2012 Supreme(Bom) 1702

B.R.GAVAI
Malad Kokil Co-operative Housing Society Ltd. – Appellant
Versus
Modern Construction Co. Ltd. – Respondent


Advocates Appeared:
For the Plaintiffs:D.D. Madan, Senior Advocate a/w Gaurav Joshi, Nisanth Sasidharan, Trupti Shetty i/b. Liladhar & co., Advocates.
For the Defendants:D1 to D5, Pravin Samdani, Senior Advocate with Simil Purohit, Ms. Rati Patni, Ms. Helina Desai & Rahul Veera i/b. M/s. Wadia Ghandy & Co., D6, Janak Dwarakadas, Senior Advocate with Chirag Kamdar, Sandeep Dadwal, Prakash Mahadik & Sanjeev Hariakar, Virag Tulzapurkar, Senior Advocate with Simil Purohit, Ms. Rati Patni,Ms. Helina Desai and ahul Veera i/b. M/s.Wadia Ghandy & Co., Advocates.

Judgment

Suit No. 1005/2011 has been filed by the plaintiff Society for a decree directing the defendants 1 and 2 or any other person found to be the owner of the property to convey the suit property admeasuring about 10,208.40 sq. meters and for declaration that the concessions/relaxations granted by the defendant no.7 on the Approval Report dated 5th December, 2009 are bad in law, malicious etc. The plaintiffs have also prayed for cancelling the said approval report. The plaintiffs have also prayed for declaration that commencement certificate dated 13th October, 2010 is null and void. The plaintiffs have also prayed for an injunction restraining the defendants from making any construction in furtherance to the commencement certificate dated 13th October, 2010 alongwith the other ancillary reliefs. The plaintiffs have also taken out a notice of motion for grant of certain interim-reliefs during the pendency of the suit. The plaintiffs had also moved the Court for grant of ad-interim orders. This Court vide order dated 7th July, 2011 had granted ad-interim relief in favour of plaintiff society.

2. The Appeal against order (AO), arises out of the order passed by the learned Judge o




































































































































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