BHAVESHA SURESH GORADIA Vs. AVIATION TRAVELS PVT LTD

JUDGEMENT

(1.) THIS motion is taken out by plaintiff for seeking various reliefs. As far as prayer clause (b) is concerned, the same is not pressed. Defendant Nos. 2 to 6 are trustees. Plaintiff and defendant Nos. 7 to 23 are beneficiaries. The suit is filed for claiming sum of Rs.1 crore from the defendant No.1 and for injunction. The Trust is the owner of the property. Property is described at Ex.'A' page 37 of the plaint. Trustees, by oral agreement agreed to sell certain areas from the property to defendant No.1. Defendant No.2 is a partnership firm of which defendant No.1 is one of the partner. Area agreed to be sold and in possession of defendant Nos. 1 and 2 is as follows :

(2.) AS far as prayer qua open terrace is concerned, it is defendant Nos.1 and 2's case that by obtaining permission from Commissioner of Bombay Municipal Corporation temporarily every year the said terrace is covered. Defendant Nos. 1 and 2 are directed to cover the open terrace only if and during the period in which permission is granted by the Commissioner of Bombay Municipal Corporation.

(3.) NOTICE of motion to stand disposed of in aforesaid terms with no order as to costs.