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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I. CHAGLA
Sea Star Habitat Private Limited – Appellant
Versus
Jean Genevieve alias Jean Vinay Kalgutkar – Respondent
ORDER :
1. By this Interim Application, the Applicant/Original Plaintiff No.1 has sought an order of injunction directing the Defendants to maintain status-quo in respect of the leasehold property consisting of land with buildings thereon situate at 47, Nair Road, Agripada, Mumbai Central consisting of land admeasuring about 1458.19 sq.mtrs. forming part of Plot Nos. 70 and 70A of Agripada Estate of the Municipal Corporation of Greater Mumbai, Cadastral Survey No.1605 of Byculla Division, Mumbai together with the benefit of land admeasuring about 236 sq.mtrs. taken away in road widening (hereinafter referred to as “the said property”). Further, order of injunction is sought restraining the Defendants from acting in pursuance / furtherance of the Alleged / Purported Assignment Deed dated 6th August, 2023 (Exhibit ‘G’ to the Plaint) and / or claiming / asserting any rights / claims thereunder.
Consequential relief has been sought in respect of the said property.
2. A brief background of facts is necessary as under:
(i) One Dr. Patrao and his wife Mrs. Patrao were lessees of a Larger Property admeasuring 2346 sq. yards equivalent to 1962.39 sq. mtrs. bearing C.S. No.1629 of Byculla Divisi
The court emphasized that a Title Certificate deemed acceptance of title, and plaintiffs' 18-year delay in seeking interim relief precluded their claims, highlighting the importance of readiness and ....
The court emphasized that failure to demonstrate readiness and willingness to perform contractual obligations justifies the denial of interim injunctions in specific performance cases.
Registered absolute assignment of leasehold rights, fructified by full consideration and possession transfer, cannot be unilaterally terminated after 13 years citing separate frustrated redevelopment....
A plaintiff must demonstrate continued readiness and willingness to perform a contract during the pendency of a suit for specific performance; failure to do so justifies vacating an interim injunctio....
Court ruled that temporary injunctions can enforce development agreements even against minority occupants obstructing redevelopment, especially when prior claims against obstruction were dismissed on....
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