SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Bom) 569

N. J. JAMADAR
Kedar Darshan Co-Operative Housing Society Ltd. – Appellant
Versus
Messrs Nooman Developers – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Karl Tamboly, a/w. Ms. Tanya Mehta, Ms. Vaibhavi Bhalerao and Ms. Sayali Diwadkar i/b DSK Legal
For the Respondent: Mr. Vishal Kanade a/w Mr. S.P. Trivedi, Ms. Tanaya Tendulkar, Mr. Sandeep Hirvadekar i/b Bharat T. Mahubarwala

ORDER :

1. This Appeal is directed against an order dated 4th February, 2023, passed by the learned Judge, City Civil Court in Notice of Motion No.1936 of 2022 in Suit No. 6889 of 2003, whereby the Notice of Motion came to be partly allowed restraining the defendants-appellants from creating third party rights, title or interest or permitting any third party under any Development Agreement, Assignment Agreement and Sale Agreement under any rights doing any construction activity on the suit plot and also from interfering with the plaintiffs rights in the suit emanating from the agreement dated 7th July, 1993, supplemental agreement dated 3rd December, 1996 and the consent terms dated 20th October, 2000 filed in Suit No.4262 of 2000.

2. For the sake of the convenience and clarity, the parties are hereinafter referred to in the capacity in which they are arrayed before the City Civil Court.

3. Though the litigation has chequered history peppered with sporadic settlements, the background facts can be stated in brief as under:-

    (a) A building consisting of 40 tenements was situated at a plot of land bearing CTS No. 229 and 267, admeasuring 1392.12 sq. meters, Nehru Nagar Housing board colon

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

              Please visit our Training & Support
              Center or Contact Us for assistance

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon telegram-icon
              whatsapp-icon Back to top