KIRAN NANIK MOTWANE Vs. UDAY INDUKUMAR JASANI

JUDGEMENT

(1.) By the present Notice of Motion, the Applicants / Plaintiffs have sought an interim order and injunction restraining Defendant Nos.1 and 2, their employee, agents and servants, or any person claiming by or through them, from carrying out construction of any kind on Plot No. A (being old Plot No.435A corresponding to CTS Nos. E/323 (part) and E/325 collectively admeasuring 795.176 square meters or thereabouts). Further injunction is sought by the Applicants / Plaintiffs restraining Defendant Nos.1 and 2 from allotting flats and / or executing any agreements, arrangements or understandings with third parties, inducting them into the flats proposed to be constructed in the building on Plot No. A (being old Plot No.435A corresponding to CTS Nos. E/323 (part) and E/325 collectively admeasuring 795.176 square meters or thereabouts.

(2.) Consequential relief has also been sought against Defendant Nos.3 to 8 from issuing occupation certificate, in part or full to permit the prospective purchasers to occupy any unit in the building alleged to be illegally constructed on Plot A. Relief of appointment of Court Receiver has been sought and licensed surveyor as well as certain disclosures.

(3.) One Motwane Private Limited ("MPL") was owner of plot of land bearing CTS Nos. E/323, E/324 and E/325 situated and lying at 14th and 15th Road, Khar (West), Mumbai 400 052 (larger property). MPL was company owned by the Motwane family.