2026:BHC-AS:985 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 17274 OF 2023 IN FIRST APPEAL NO. 1126 OF 2023 Shree Construction Company, Mumbai ...Applicant/Appellant Versus R.B.I. Employees Rajani Gandha Co- ...Respondent operative Housing Society Ltd., Mumbai SNEHA ****

NITIN Mr. Abhishek Bhadang a/w Shruti Maniar, Mr. Bhavesh Wadhwani and CHAVAN Ms. Jyotika Raichandani i/b M/s. Solomon & Co. for the Appellant.

Digitally signed by SNEHA Mr. Shreepad Murthy a/w Mr. Sahil Wagh i/b Abhishek Patil for NITIN CHAVAN Date: 2026.01.12 Respondent.

10:50:39 +0530 ****

CORAM : M.M. SATHAYE, J.

DATE : 9^th JANUARY, 2026 P.C. :

1. Heard learned Counsel for the parties. Perused the record.

2. This is an application by the Appellant praying that Respondent Society, its office bearers, members, servants be restrained from carrying out for permitting any additions/alterations or construction on suit property and from dealing with, disposing of alienating, encumbering, parting with possession or creating 3^rd party interest in favour of any person. Bare perusal of the prayers indicate that the Applicant is praying for all pervading blanket injunction against the Respondent/Co-operative Housing Society.

3. The Applicant is Plaintiff who had filed multiple suits against the Respondent Society. The present appeal is arising out of S.C. Suit No. 755 of 1999 in City Civil Court, which was earlier High Court Suit No. 2296 of 1991. The said suit was filed for specific performance of contract – agreement dated 07.10.1982, declaration, permanent injunction and in the alternative for refund of sum of Rs.4,60,000/- with interest. By the impugned Judgment and Decree dated 11.10.2023, the City Civil Court at Gr. Mumbai, has dismissed the suit with costs.

4. The case of the Applicant in short is as under.

4.1. That its partner Mr. Gajanan R. Parulekar agreed to purchase suit property from vendor Smt. Jyotsna Amin and sub-divided it into 5 plots. That under agreement dated 04.10.1974, said Mr. Parulekar agreed to sell plot A, admeasuring 938, Sq. Yard (769 Sq. Meters) bearing Survey No. 92, Hissa No. 5, CTS No. 289 of Pahadi, Goregaon, Mumbai, in favour of Chief Promoter of Respondent Society. That under agreement dated 01.11.1974, the Promoter of Respondent Society entrusted the work of construction of a residential building consisting of ground plus 3 floors with 16, 1BHK flat, to the Applicant as contractor, as package deal at the rate of Rs.77/- per sq. ft. of carpet area on certain terms and conditions.

4.2. Pursuant to said agreement, at the instance of Applicant and its partner Mr. Parulekar, the vendor executed Conveyance dated 30.11.1977 in respect of said property in favour of Respondent-Society and delivered its possession to Respondent. On the date of conveyance, an agreement was executed between the Applicant and Respondent under which Respondent confirmed having placed the Applicant in possession of said property for the purpose of construction. That the Applicant commenced construction, however, there was delay in completing the construction due to paucity of funds. The Respondent society enrolled 18 members and required additional accommodation for 2 extra members.

4.3. That the Applicant is owner of additional strip of land - CTS No. 289F admeasuring about 326.8 Sq. meters. That Respondent approached the Applicant and requested to allow use of FSI of the said strip of land. That negotiation took place and and 2^nd agreement was executed on 07.10.1982 under which Respondent agreed to pay the Applicant for construction of building @ Rs.150/- per sq. ft. of carpet area. That out of entitlement of an amount based on new agreed rate, the Applicant was entitled to receive an amount which was only partially received. That Applicant delivered possession of 11 flats out of 16 flats to Respondent. That under agreement, Respondent was to allot to Mr. Parulekar or his nominees, 2 flats and a garage in the building co