INDIAIDEAS.COM LTD. Vs. SUPREME CHAMBERS CONDOMINIUM

JUDGEMENT

(1.) The Interim Application No. 3624 of 2025 is filed seeking temporary injunction during pendency of the suit for restoration of the Plaintiff's possession of the suit property and for restraining Defendant No.1 from obstructing Plaintiff's use of the Segment-A terrace. Plaintiff further seeks temporary injunction to restrain Defendant No.1 from selling, alienating and disposing of the Segment A terrace and from carrying out any repairs, maintenance or construction work thereat.

(2.) By order dtd. 14/7/2025, this Court has passed ad-interim relief in favour of the Plaintiff in terms of prayer clauses (a), (b) and (d) of the Interim Application. Plaintiff has alleged breach of ad-interim injunction granted vide order dtd. 14/7/2025 and has accordingly filed Interim Application No.4679 of 2025 under provisions of Order XXXIX, Rule 2A of the Code of Civil Procedure, 1908 (the Code). Interim Application No.3624 of 2025 is not on board. With consent of learned counsel appearing for the parties, the same is taken on board. Since pleadings in both the Applications are complete, the same are taken up for hearing and disposal with the consent of learned counsel appearing for rival parties.

(3.) Plaintiff's case as pleaded in the plaint, in brief, is that Defendant No.2 has constructed a commercial building known as "Supreme Chambers" comprising of basements, part stilts at ground-floor and 10 upper floors and an open terrace on the 11th floor. The open terrace on the 11th floor is divided into two parts viz. Segment-A and Segment-B. Defendant No.2-Developer executed Declaration dtd. 29/10/2009 by submitting the land and the building under the provisions of Maharashtra Apartment Ownership Act, 1970 (Apartment Ownership Act). The Declaration inter alia designated Segment A terrace on 11th floor as appurtenant to Unit Nos. 1001 and 1002 located on the 10th upper floor whereas Segment B terrace having utilities such as chiller-room, platforms, pumps etc. was designated as common areas and facilities. According to Plaintiff, designation of Segment A terrace as appurtenant to Unit Nos.1001 and 1002 made the owner of the said two units entitled to exclusive use of the same.