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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
New Deluxe Co-operative Housing Society Ltd. – Appellant
Versus
Pemino Co-operative Housing Society Ltd. – Respondent
| Table of Content |
|---|
| 1. procedural orders allow plaint amendment and condone delay. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. plaintiff seeks redevelopment injunction against height restriction claim. (Para 9 , 10) |
| 3. defendant's delayed objection shows mala fides and afterthought. (Para 11) |
| 4. 1943-1944 indentures impose enforceable 30-feet height covenant. (Para 12) |
| 5. defendant lacks locus; covenant vague, obsolete, personal. (Para 14) |
| 6. plaintiff suppressed facts, estopped by approbation, time-barred. (Para 15) |
| 7. covenant runs with land, binds successors without specific assignment. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 8. no prima facie case for interim relief due to suppression. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 9. interim injunction application dismissed; contentions kept open. (Para 37 , 38 , 39 , 40) |
JUDGMENT:
MILIND N. JADHAV, J.
1. Heard Mr. Tulzapurkar, learned Senior Advocate for Applicant / Plaintiff and Mr. Seervai, learned Senior Advocate for Defendant.
2. Plaintiff – Society filed the present Suit seeking permanent injunction against Defendant – Society and declaration of the restrictive covenant in Indentures dated 15.10.1943 and 25.07.19
Restrictive height covenants running with land enforceable by successors without specific assignment if annexed via chain of title; suppression of facts and approbation disentitle interim equitable r....
The central legal point established in the judgment is the need for restrictive covenants to be for the beneficial enjoyment of the adjoining property, as outlined in Sections 11 and 40 of the Transf....
A covenant in a Deed of Conveyance runs with the land and binds successor parties, holding statutory presumption of validity unless specifically challenged.
The doctrine of indoor management applies when parties rely on a validly conferred authority despite allegations of internal irregularities; issues of management are internal and not for external par....
Court ruled that temporary injunctions can enforce development agreements even against minority occupants obstructing redevelopment, especially when prior claims against obstruction were dismissed on....
The refusal of a No Objection Certificate for redevelopment based on misinterpretation of lease terms was deemed arbitrary, reinforcing the need for state entities to act fairly under Article 14 of t....
The court held that statutory obligations under MOFA compel the execution of conveyance to a housing society and that such obligations must be upheld to prevent unauthorized development.
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