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2019 Supreme(Bom) 761

A.K.MENON
NATIONAL PROPERTIES THROUGH ITS PROPRIETOR SANJAY GHANSHAM JUMANI – Appellant
Versus
SINDHI IMMIGRANTS CO-OPERATIVE HOUSING SOCIETY LTD – Respondent


Advocates:
Advocate Appeared:
Virag Tulzapurkar, Adv., Mandar Soman, Adv., Sahil Mahajan, Adv., S.K. Nair, Adv., Suresh Kabra, Adv., Satish Rao, Adv., Laxman Kanal, Adv., Gautam Ankhad, Adv., Samit Shukla, Adv., Rushabh Parekh, Adv., Dsk Legal, Adv., Saumya Srikrishna, Adv., Reshma Kurle, Adv.

JUDGMENT :

A.K. MENON, J.

1. By this notice of motion the plaintiff seeks a mandatory injunction directing defendant no. 1 to handover peaceful possession of the suit property with vacant building forming subject matter of the suit Development Agreement dated 19th December, 2014, while directing defendant nos. 2 to 16 to vacate the suit flat and garages and hand over the same to the plaintiff for the purpose of demolition. Further injunctions are sought restraining the office bearers of the defendants from interfering with and obstructing performance of the said Development Agreement. The plaintiff also seeks appointment of Court Receiver, High Court, Bombay with all powers under Order XL Rule 1 of the Code of Civil Procedure, 1908 including power to take possession and handover the same to the plaintiff for the purpose of demolition. Lastly a direction is sought against defendant nos. 2 to 16 to execute agreements of permanent alternate accommodation in respect of flats proposed to be constructed after demolition of the old building. The reliefs are opposed only by defendant nos. 2 to 13 and 16. The defendant no. 1 - society and the remaining members do not oppose the application. I































































































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