USHA SUNDER PREMISES CHS LIMITED Vs. NILANG DESAI

JUDGEMENT

(1.) By this Interim Application, the Plaintiff has sought for an injunction restraining the Defendants from (i) in any manner acting upon or committing acts and omissions in furtherance of the impugned documents; (ii) in any manner carrying out any development and / or construction activity or constructing any building or structure on any part or portion of the Plaintiff's property; (iii) dealing with, transferring, disposing of, alienating, encumbering, creating any third-party rights or parting with possession of any part and/or portion of the Plaintiff's property and (iv) entering upon and / or remaining upon the larger property which includes the demised property and/or any part thereof.

(2.) The Plaintiff is a Co-operative Premises Society, consisting of 25 members (most of whom are senior citizens), registered under the Maharashtra Co-operative Societies Act, 1960 ('MCS Act').

(3.) Defendant Nos. 1 and 2 are the legal heirs of the late Mrs. Usha Suresh Desai and claim to be lessees in respect of a portion of the Plaintiff's larger property. Defendant No. 3 (now deceased) is the erstwhile Secretary of the Plaintiff - Society. Defendant No. 4 claims to have been assigned the leased property i.e. portion of the larger property belonging to the Plaintiff.