SHEKHAR GHANSHAM PATHARE Vs. ATHARVA BUILDERS PVT LTD

JUDGEMENT

(1.) THE present appeal filed by the original plaintiff impugns Order dated 16th April, 1998, passed by the learned Judge of the Bombay City Civil Court on Notice of Motion No. 1826 of 1998 in Suit No.1834 of 1998. The said suit is filed for a declaration that there is a valid and subsisting agreement entered into between the Plaintiff and the defendants dated 30th November, 1996, which is in the form of the Consent Terms filed in B.C.C.C Suit No. 4210 of 1996. Other consequential reliefs are also claimed.

(2.) BY the notice of motion taken out by the plaintiff, the plaintiff has inter alia prayed that pending the hearing and final disposal of the suit an order of injunction be passed restraining the defendants from carrying on any further construction work in Phase II of the building known as or to be named as Ratan Apartments till such time as defendants strictly comply with the terms and conditions and provisions of the Agreement/ Consent Terms filed in the B.C.C.C. Suit No.4210 of 1996.

(3.) IT appears that B.C.C.C. Suit No.4210 of 1996 was filed by the cousin of the present appellant against the Respondent and others for a declaration that the Plaintiff therein was entitled to the permanent alternate accommodation as well as the temporary alternate accommodation in accordance with the terms and conditions of the agreements dated 1.3.1992 and 4.8.1994. being Exhibits "A" and "D" to the plaint. It was also prayed that Respondent be ordered to issue the requisite intimation letter and hand-over the vacant and peaceful possession of the said Flat No.1 on 7th Floor on Phase-I of the Building to the plaintiff therein alone, simultaneously with the other flats being handed-over to all or any of the other tenant/occupier as Temporary Alternate accommodation or Transit Accommodation and to cancel intimation-letter issued to any one else in that respect. Other consequential reliefs were also prayed for In the said suit. The present appellant was defendant no 4. Eventually consent terms came to be filed in the said suit on 13th November, 1996, whereby certain obligations were caste on defendant no.1.