JUDGMENT :

Pradeep Nandrajog, J.

1. The correctness of the view taken by the learned Single Judge in allowing Notice of Motion No. 285/2016 in Commercial Suit No. 509/2016 vide impugned order dated 2nd May 2019 is under scrutiny in the present appeal. Vide order dated 2nd May 2019 a Court Receiver has been appointed to take possession of the suit property. Defendant Nos. 2 to 16 in the suit have been directed to execute permanent alternative accommodation agreements and receive temporary accommodation charges. Said defendants have been directed vide an interim mandatory injunction to hand over possession of the flats and two garages in their possession.

2. The backdrop facts necessary to be noted, while deciding the appeal are that the 1st Defendant in the suit, which is respondent No.2 in the appeal was registered as a Co- Operative Society under the Bombay Co-Operative Societies Act, 1925. It is named Sindhi Immigrants Co-Operative Housing Society Ltd. (“Society”). The Society was allotted 38 Acres and 15 Gunthas of land comprising 162 plots, each plot is a single entity plot, which means that Floor Space Index (“FSI”) available is plot-wise and not to the entire land which was allo