ASHOK DATTATRAYA KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A. INTRODUCTORY

(2.) The Plaintiffs claim to be exclusively entitled to an allotment of this land along with Defendants Nos. 61 and 62. Throughout, a reference to the Plaintiffs includes these two Defendants. This claim is made on the basis that the ten Plaintiffs and Defendants Nos. 61 and 62 are all members of the Apna Ghar Cooperative Housing Society Limited, the 5th Defendant ("the Society"), of which the 1st Plaintiff, Ashok Dattatraya Kulkarni ("Kulkarni"), is said to be the Chief Promoter, a position he says he has held since the very beginning. The allotment is claimed on the basis of an agreement for sale of 1981 followed by an order of the Supreme Court in 2008. I will return to these facts in some detail presently.

(3.) The motion seeks injunctive reliefs restraining the Defendant No. 4, a partnership firm of builders and developers, one Samartha Development Corporation ("SDC") and Defendant No. 5, the Society, from creating any third party rights in respect of this land.