MANRATNA DEVELOPERS Vs. MEGH RATAN COOPERATIVE HOUSING

JUDGEMENT

(1.) This appeal is directed against an ad interim order passed by the learned Single Judge dated 25th June, 2008, restraining the appellants from carrying on the construction in according with the modified sanctioned plan dated 10th April, 2007 (Exhibit-L to the plaint) till disposal of the Notice of Motion. The appellants are also restrained by an order of injunction from removing existing underground water tank and pump room.

(2.) The facts leading to the controversy in this appeal are briefly stated herein below :

(3.) As stated hereinabove, the lower arm of building "A" is already constructed and the same is consisting of ground plus 7 upper floors. The said constructed building is occupied by the flat purchasers who are the members of the Plaintiff Co-operative Housing Society. The suit has been filed by the co-operative housing society, voicing the grievance of the Society and its Members who are in occupation of their respective flats in the constructed portion of building "A". The plaintiff has placed on record a specimen of an agreement of sale entered into by defendant No.1 in favour of one of its Members by name Smt. Vijayaben Sobhagchand Shah & anr. dated 15.9.1988. It is not much in dispute that other agreements entered into by defendant No.1 with other flat owners, during that period, are akin to the agreement of which a copy has been filed along with the plaint. Subsequent thereto, the defendant No.1 entered into an agreement with defendant No.2 in respect of the development of the property, which agreement, ultimately, culminated in execution of a conveyance in favour of defendant No.2 on 21.6.06.