VASUDA KASHINATH MONE Vs. MAHAVIR BUILDERS

JUDGEMENT

(1.) The present appeal impugns order dated 23.9.1998, passed by the 3rd Joint Civil Judge, Senior Division, Thane in Special Civil Suit No.280 of 1998, whereby the application preferred by the plaintiff for seeking temporary injunction came to be rejected.

(2.) The case of the plaintiff is that the plaintiff and defendant no.2 to 5 have entered into a development agreement with defendant no. 1 on 2nd September,1994. Defendant no.1 had agreed by the said agreement to complete the construction of a building within a period of three years and give one flat each from the said building to the plaintiff and defendants no.2 to 5. However,defendant no.1 failed to take any steps towards development of the property. The plaintiff therefore, by the notice dated 16/2/98 terminated the agreement.

(3.) It is the case of the plaintiff the thereafter defendant no.1 illegally and high handedly started construction over the plot and, therefore, the present suit and an application for injunction restraining defendant no.1 from carrying out development activity.