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2013 Supreme(Bom) 1872

R.D.DHANUKA
Adarsh Water Parks & Resorts Pvt. Ltd. – Appellant
Versus
Abdul Rashid Abdul Rehman Yusuf – Respondent


Advocate Appeared:
For the Plaintiffs: Z. Behramkamdin a/w Soma Singh, Vidya Nair i/b M/s Vimal & Co.,
R.K. Agarwal, Advocates.
For the Defendants:D2, Chirag Shah i/b J.J. Shah, Advocates.

JUDGMENT


1. By this chamber summons, applicants seek their impleadment as party defendant in a suit.

2. Plaintiffs have filed a suit (396/06) in this Court inter alia praying for specific performance of agreement entered into between the plaintiffs and the defendants on 16th August 2005 in respect of the properties described in the plaint. It is the case of the applicants that in respect of part of the property which is subject matter of the suit i.e. C.T.S. No.354, 354/1 to 56, 355, 355/1 to 17 of village Kanjur, Taluka Kurla, Bhandup (W), Mumbai 400 078, applicants have acquired right, title and interest in respect of the said part of land admeasuring about 4934.10 sq. meters from Eric Nocholas D'mello and others by a registered development agreement dated 22 April 2008. Applicants came to be in possession of the said part of the property under the said development agreement dated 22 April 2008. It is the case of the applicants that part of the suit property was encroached upon by the slum-dwellers. Applicants formed a scheme with the help of slum-dwellers and has formed a society by name Shriram co-operative Housing Society (proposed) and got No Objection Certificate for re-deve
























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