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2016 Supreme(Bom) 378

R.D.DHANUKA
Dosti Corporation – Appellant
Versus
Sea Flama Co-operative Housing Society – Respondent


Advocates:
Advocate Appeared:
Mr.Aspi Chinoy, Senior Advocate, a/w. Mr.Girish Godbole, Ms.Jyoti Sinha, i/b.
Negandhi Shah & Himaytullah for the Appellants in Appeal from Order No.117 of 2016.
Mr.E.P.Bharucha, Senior Advocate, a/w.Mr.Mayur Khandeparkar, Mr.Nasir Rizvi, Ms.Megha Jankiram, i/b.Thakore & Jariwala Associates for Respondent No.1 in Appeal from Order No.117 of 2016.
Mr.D.D.Madon, Senior Advocate, a/w. Mr.Chirag Balsara, Mr.Ankit Tripathi, i/b.Mr.Ramgopal Tripathi for Respondent No.2 in Appeal from Order No.117 of 2016 and for Appellant in Appeal from Order (St) No.23483 of 2015.
Mr.Zain Mokhi, i/b. Mr.Kalpesh Joshi for Respondent Nos. 3 to 5 in Appeal from Order No.117 of 2016 and in Appeal from Order (St) No.23483 of 2015.
Mr.S.U.Kamdar, Senior Advocate, a/w. Ms.Jyoti Sinha, i/b. Negandhi Shah & Himaytullah for Respondent No.2 in Appeal from Order (St) No.23483 of 2015.
Mr.J.Reis, Senior Advocate, a/w. Mr.Mayur Khandeparkar, Mr.Nasir Rizvi, Ms.Megha Jankiram, Mr.H.N.Thakore, i/b.Thakore & Jariwala Associates for Respondent No.1 in Appeal from Order (St) No.23483 of 2015.

JUDGMENT :

By consent of parties, both these appeals were heard together finally at the admission stage and are being disposed of by a common order.

2. Appeal from Order No.117 of 2016 filed by the original defendant no.1 inter alia challenging the order dated 27th July, 2015 passed by the learned trial judge in the Notice of Motion No.2672 of 2014 which was filed by the respondent no.1 herein (original plaintiff) and thereby granting temporary injunction against defendant nos. 1 and 2 restraining them from putting up any construction work upon or over the suit properties till disposal of the suit and further restraining them from using any FSI as available in the suit properties or part thereof till disposal of the suit.

3. Appeal from Order (St) No.23483 of 2015 has been filed by the original defendant no.1 challenging the said order dated 27th July, 2015. Respondent nos. 3, 4 and 5 in these appeals were the original defendant nos. 3, 4 and 5 respectively in the notice of motion. For the sake of convenience, the parties as described in the notice of motion were described in this judgment. Some of the relevant facts for the purpose of deciding these two appeals are as under :-

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