A registered declaration under apartment ownership legislation defines property status; areas designated as limited common areas for exclusive use of specific units cannot be treated as general common spaces by building associations, and mandatory injunctions are appropriate to restore possession to the lawful exclusive user.

J U D G M E N T

1. The Interim Application No. 3624 of 2025 is filed seeking temporary injunction during pendency of the suit for restoration of the Plaintiff’s possession of the suit property and for restraining Defendant No.1 from obstructing Plaintiff’s use of the Segment-A terrace. Plaintiff further seeks temporary injunction to restrain Defendant No.1 from selling, alienating and disposing of the Segment A terrace and from carrying out any repairs, maintenance or construction work thereat.

2. By order dated 14 July 2025, this Court has passed ad-interim relief in favour of the Plaintiff in terms of prayer clauses (a), (b) and (d) of the Interim Application. Plaintiff has alleged breach of ad-interim injunction granted vide order dated 14 July 2025 and has accordingly filed Interim Application No.4679 of 2025 under provisions of Order XXXIX, Rule 2A of the Code of Civil Procedure, 1908 (the Code). Interim Application No.3624 of 2025 is not on board. With consent of learned counsel appearing for the parties, the same is taken on board. Since pleadings in both the Applications are complete, the same are taken up for hearing and disposal with the consent of learned counsel appearing for rival parties.

3. Plaintiff’s case as pleaded in the plaint, in brief, is that Defendant No.2 has constructed a commercial building known as “Supreme Chambers” comprising of basements, part stilts at ground-floor and 10 upper floors and an open terrace on the 11th floor. The open terrace on the 11th floor is divided into two parts viz. Segment-A and Segment-B. Defendant No.2-Developer executed Declaration dated 29 October 2009 by submitting the land and the building under the provisions of Maharashtra Apartment Ownership Act, 1970 (Apartment Ownership Act). The Declaration inter alia designated Segment A terrace on 11th floor as appurtenant to Unit Nos. 1001 and 1002 located on the 10th upper floor whereas Segment B terrace having utilities such as chiller-room, platforms, pumps etc. was designated as common areas and facilities. According to Plaintiff, designation of Segment A terrace as appurtenant to Unit Nos.1001 and 1002 made the owner of the said two units entitled to exclusive use of the same.

4. Plaintiff purchased Unit Nos.1001 and 1002 in the building vide registered Deed of Apartment dated 4 September 2018 together with exclusive right to use Segment A terrace and 25 car parking spaces alongwith 7.28% in common areas and facilities appurtenant to the units for total consideration of Rs.55 crores. Plaintiff was put in possession of Segment A terrace on the 11th floor alongwith Unit Nos.1001 and 1002 upon execution and registration of the agreement. An Association of Apartment Owners in the building Supreme Chambers was formed, who is Defendant No. 1 to the suit. Plaintiff addressed letter dated 12 September 2018 to the first Defendant-Association informing it that Segment A terrace formed part of the units purchased by the Plaintiff. According to Plaintiff, Defendant No.1 never objected to Plaintiff's exclusive use of Segment A terrace and acknowledged that the same belong to the Plaintiff. For the first time in the Annual General Meeting held on 21 November 2023, Defendant No.1 passed a resolution for taking over possession of ‘Segment B terrace’ (according to Defendant No.1 there is a typographical error in the resolution and that Defendant No.1 resolved to take over by way of resolution dated 21 November 2023 was Segment A terrace). In pursuance of resolution dated 21 November 2023, Defendant No.1 issued notice dated 23 November 2023 to the Plaintiff calling it upon to handover keys of Segment A terrace. Defendant No.1 convened Annual General Meeting of the Association on 27 November 2024, which included agenda for water proofing and creation of washroom in the terrace area. Plaintiff sent letter dated 23 November 2024 objecting to the claim of Defendant No.1 in respect of Segment A terrace.

5. Plaintiff claims that the representa