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2018 Supreme(Bom) 1911

R.D.DHANUKA
Dharmshi D. Bhanushali – Appellant
Versus
Municipal Corporation for Greater Bombay – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.D.D. Madon, Senior Court with Mr.Amol Kishor Tembe
For the Respondent: Mr.R.Y. Sirsikar, Mr.Praveen Samdani, Senior Counsel with Mr.Mangesh Sawant and Mr.Saurabh Chitnis I/b Mr.Arun Panickar, Mr.Prateek Seksaria with Mr.Nivit Srivastava, Mr.Harsh Behany and Ms.Hiral Vora I/b Maniar Srivastava & Associates

JUDGMENT :

1. By this notice of motion the applicants (original plaintiffs) have prayed for an order of injunction against the defendant nos.3 and 4 from taking any action in furtherance of the Development Agreement annexed at Exhibit – SS, from disturbing exclusive possession and use of building no.1 open space of the plaintiffs, from encroaching upon any portion of building no.1 land in general and on the site open space of the plaintiffs and for various other reliefs. The plaintiffs have filed a suit inter-alia praying for declaration that the Development Agreement dated 29th September, 2015 between the defendant nos.3 and 4 is not binding upon the plaintiffs, for permanent injunction against those defendants from taking any action in furtherance of the said Development Agreement, for a declaration that the plaintiffs are entitled to the exclusive use and occupation of building no.1 open space which is alleged to be in exclusive possession of each of the plaintiffs and for declaration that the defendant no.3 and 4 are not entitled to disturb the exclusive possession and use of the plaintiffs in respect of building no.1 open space and for various other reliefs.

2. The original owne










































































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