JAGRUTI RAJESH SHAH Vs. MAHEK DEVELOPERS

JUDGEMENT

(1.) Appellants- Plaintiffs, instituted suit, seeking enforcement of statutory obligations under the Maharashtra ownership Flats Act (MOFA for short). Pending suit, learned Trial Judge vide order dtd. 12/6/2021 refused to restrain defendants from creating third party rights in the Suit Property. Feeling aggrieved by the above said order, this appeal is preferred under Order 43 Rule 1 (r) r/w. Sec. 104 of the Code of the Civil Procedure.

(2.) Heard learned counsel for the parties at length.

(3.) Foremost question, that arises for consideration, in this appeal is whether suit seeking enforcement of obligations under the MOFA, was maintainable, especially against the Defendant Nos. 3 and 4, who admittedly were not party to the suit agreement dtd. 3/3/2010.