KIRAN RAMESH KOTHARI Vs. JAYANTILAL MEGHJI POKAR

JUDGEMENT

(1.) Rule. Made returnable forthwith.

(2.) The Appellant has challenged the order of the Judge City Civil Court, Bombay dated 18th July, 2012 granting adinterim injunction prayed for by the Plaintiff. The Plaintiff (Respondent No.1) sued for protection of the construction of a balcony outside his premises being Flat No.603 in Sara Residency, Ghatkopar (E). The Appellant is the owner of flat No.402 which is directly below flat No.603 of the Respondent No.1 (Plaintiff in the suit). The Plaintiff constructed a balcony outside the flat. The Appellant complained to the Mumbai Municipal Corporation (MMC) on 19th June, 2007. The complaint shows that the occupant of flat No.603 recently put a hanging terrace with the help of heavy iron angle which looms upon his terrace. It is stated that the construction is built in such way it may be harmful in future. It would take away the right of privacy and be an obstacle for fresh air and light. It also stated that construction is unauthorised and requests MMC to remove the illegal construction.

(3.) The MMC issued its notice on 1st August, 2007 upon the Plaintiff in respect of construction of balcony adjacent to eastern side window of hall of the Plaintiff resting on M.S. I Sections and spartex tiles & MS pipe.