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2022 Supreme(Bom) 1311

R.I.CHAGLA
Kiran Nanik Motwane – Appellant
Versus
Uday Indukumar Jasani – Respondent


Advocates appeared:
Vishal Kanade, Advocate, Anirudh Hariani, Advocate, Virendra Pereira, Advocate, Aneesha Munshi, Advocate, Divya Shah, Advocate, Ravi Kadam, Advocate, Rohan Kadam, Advocate, Sanjay Kadam, Advocate, Sanjeel Kadam, Advocate, Sayli Rajpurkar Nitisha, Advocate, Kadam, Advocate, A.Y. Sakhare, Advocate, Pooja Yadav, Advocate, Shilpa Redkar, Advocate, Rohan Mirpuri, Advocate, Dr. Birendra Saraf, Advocate, Aseem Nafade, Advocate, Anuj Narula, Advocate, Tarang Jagtiani, Advocate, Yuvraj Choksy, Advocate, Pragya Dahiya, Advocate

JUDGMENT

R.I. Chagla, J. - By the present Notice of Motion, the applicants / Plaintiffs have sought an interim order and injunction restraining Defendant Nos.1 and 2, their employee, agents and servants, or any person claiming by or through them, from carrying out construction of any kind on Plot No. a (being old Plot No.435a corresponding to CTS Nos. E/323 (part) and E/325 collectively admeasuring 795.176 square meters or thereabouts). Further injunction is sought by the applicants / Plaintiffs restraining Defendant Nos.1 and 2 from allotting flats and / or executing any agreements, arrangements or understandings with third parties, inducting them into the flats proposed to be constructed in the building on Plot No. a (being old Plot No.435a corresponding to CTS Nos. E/323 (part) and E/325 collectively admeasuring 795.176 square meters or thereabouts.

2. Consequential relief has also been sought against Defendant Nos.3 to 8 from issuing occupation certificate, in part or full to permit the prospective purchasers to occupy any unit in the building alleged to be illegally constructed on Plot a. Relief of appointment of Court Receiver has been sought and licensed surveyor as well as ce

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