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2014 Supreme(Bom) 1322

S.C.GUPTE
Girnar Residency Co-operative Housing Society Ltd. – Appellant
Versus
Shradha Co-operative Housing Society Limited – Respondent


Advocates:
Advocate Appeared
Mr.Shyam Mehta, Senior Advocate with Mr.K.G. Munshi with Mr.Ish Jain and
Ms.Neeta Solanki i/b. M/s.Kiran Jain & Co. for Plaintiffs.
Mr.Chetan Kapadia i/b. Mr.Pankaj Bafna for Defendant No.1.
Mr.Dinyar Madon, Senior Advocate with Mr.Ankit Lohya with Miss Kausal
Banatwala i/b. Mr.Tushar Goradia for Defendant Nos.2, 3 and 4.

ORDER

The present suit is filed by the Plaintiffs for a permanent injunction against the Defendants restraining the Defendants from encroaching and / or trespassing upon the suit property or disturbing or obstructing use and occupation thereof of the Plaintiffs, and also for a permanent injunction restraining the Defendants from demolishing or damaging a wall enclosing the suit property or obstructing the Plaintiffs from repairing the same. The Notice of Motion is taken out for an interim injunction in terms of the permanent injunction sought.

2. Plaintiff No.1 is a proposed co-operative society of flat purchasers in a sale building “Girnar Tower” constructed as part of a Slum Rehabilitation Scheme. The building stands on a plot bearing CTS No.125. The said plot was originally occupied by a chawl and a slum. Defendant No.1 is a co-operative society of the rehabilitated tenants / occupants, who were original residents of the chawl existing on this plot. Defendant No.1 is a sub-lessee in respect of the plot. Defendant No.1 entered into a Development Agreement with Defendant No.2 to implement a Slum Rehabilitation Scheme sanctioned by the Slum Rehabilitation Authority (SRA). The SRA s

































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