M/S. MAYA DEVELOPERS Vs. NEELAM R. THAKKAR

JUDGEMENT

(1.) The Plaintiffs ("Maya Developers") are a firm of developers. They are the applicants in Notice of Motion (L) No. 834 of 2015. In this Notice of Motion, they seek interim reliefs in relation to the re -development of a building known as "Azad Bhavan", owned by the 21st Defendant, the Azad Co -operative Housing Society Ltd ("the Society"). This building is at 831, Netaji Subhash Road, Mulund (W), Mumbai 400 080. It stands on Plot No. 831, S.No. 1,000, CTS Nos. 876, 876/1 -13 of Village Mulund (W), Taluka Kurla. The plot is about 1237.10 sq.mts. Azad Bhavan is a ground plus two floor structure. It has a total of 36 rooms. Of these, 33 are of 220 sq.ft. carpet area; three have a carpet area of 320 sq.ft. A list of the members of the Society is annexed to the Plaint.

(2.) Defendant No.10 is the Applicant in the companion Notice of Motion No. 971 of 2015. That principally raises a jurisdictional issue under Section 9A of the Code of Civil Procedure, 1908 ("CPC"), in addition to other reliefs. I will take that up first.

(3.) I have heard Mr. Kapadia for the Plaintiffs and Mr. Pai for Defendants Nos. 1 to 10, 12, 13 and 20 at very great length. They have taken me through the material on record. I have considered their arguments and submissions, and also the material on record.