ROSY PEREIRA Vs. CRASTO REALTORS

JUDGEMENT

(1.) HEARD Mr. Agni, learned counsel for the appellants and Mr. S. D. Lotlikar, learned Senior Counsel appearing on behalf of the respondents no.1 and 2.

(2.) ADMIT . Heard forthwith with the consent of the learned counsel for the parties.

(3.) THE appellants are the owners and occupants of respective flats in "Macedo Apartments" at Tisk Ponda Goa. Respondent no.1 is the petitioner, who constructed the said building whereas, respondent no.2 is the original owner of the plot on which "Macedo Apartments" are situated. The plot is surveyed under survey no.187/4 admeasuring 1850 square metres. Respondent no.1 initially constructed three buildings in this plot, namely, Block No.1 having three floors with 8 flats; Block No.2 having three floors and 11 flats and lastly Block No.3 having 13 shops with mezzanine floor but no floors on it. According to the appellants, the said Block no.3 was constructed without proper setbacks and without parking space and that there were various irregularities committed while doing the said construction. According to the appellants, recently the respondent no.1 started construction of new three floors on the said Block no.3 and the construction of said three floors on Mezzanine floor of Block no.3 was partly done and respondent no.1 was intending to construct four flats on all three floors and those flats were under construction. The appellants alleged that besides the other illegalities, there was also no F.A.R. available for respondent no.1 to do the construction. Therefore, on the ground of there being several irregularities, the appellants filed the said suit in which they filed an application for temporary injunction which has been disposed of by the trial court by the impugned order.