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BOMBAY HIGH COURT - ORIGINAL SIDE,BOMBAY
D. G. Deshpande, J
Leela Valiram Malani – Appellant
Versus
Karan R. Vaswani & Ors. – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks declaration regarding development agreement. (Para 1 , 2 , 3) |
| 2. defendants refute plaintiff's claims regarding contractor status. (Para 9 , 10 , 11) |
| 3. plaintiff's awareness of contract obligations limits her claims. (Para 14 , 16) |
| 4. court order dismisses the motion for injunction. (Para 19) |
1. Heard learned counsel for the parties. This is plaintiff’s notice of motion in a suit filed by her for declaration and injunction. The declaration that is sought by the plaintiff is that the agreement of development dated 22.3.2002 Exhibit ’B’ and power of attorneys dated 10.1.2002 and 24.5.2002 Exhibits ’A’ and ’C’ stands validly terminated and for consequential reliefs.
2. It is the case of the plaintiff that she was the absolute owner of the suit property, hereinafter referred to as "Lila Villa" which comprised of ground plus three upper floors having 13 floors (as stated by her) in her plaint, two garages, and a servant’s toilet etc. and that she was in possession of flat Nos.4A, 6, 9 and 13. Remaining flats were occupied by the tenants of the plaintiff.
3. Plaintiff had a son by name Suresh. He died in an accident on 23.2.2004. Defendant no. 7
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