NATIONAL PROPERTIES THROUGH ITS PROPRIETOR SANJAY GHANSHAM JUMANI Vs. SINDHI IMMIGRANTS CO-OPERATIVE HOUSING SOCIETY LTD & ORS

JUDGEMENT

(1.) By this notice of motion the plaintiff seeks a mandatory injunction directing defendant no. 1 to handover peaceful possession of the suit property with vacant building forming subject matter of the suit Development Agreement dated 19th December, 2014, while directing defendant nos. 2 to 16 to vacate the suit flat and garages and hand over the same to the plaintiff for the purpose of demolition. Further injunctions are sought restraining the office bearers of the defendants from interfering with and obstructing performance of the said Development Agreement. The plaintiff also seeks appointment of Court Receiver, High Court , Bombay with all powers under Order XL Rule 1 of the Code of Civil Procedure, 1908 including power to take possession and handover the same to the plaintiff for the purpose of demolition. Lastly a direction is sought against defendant nos. 2 to 16 to execute agreements of permanent alternate accommodation in respect of flats proposed to be constructed after demolition of the old building. The reliefs are opposed only by defendant nos. 2 to 13 and 16. The defendant no. 1 - society and the remaining members do not oppose the application. In fact barring a few all other defendants support the plaintiff with the tacit approval of the society.

(2.) Affidavits in reply dated 24th June, 2016 and 4th April, 2017 have been filed on behalf of defendant no. 1. On behalf of defendant no. 7 also an affidavit in reply dated 29th June, 2016 has been filed. Defendant nos. 2 to 8, 10 and 11 have not filed affidavits in reply to the motion but have filed a written statement dated 23rd June, 2017. Defendant no. 9 has also filed written statement dated 5th July, 2017. Likewise defendant nos. 13 and 16 have also filed written statement dated 11th September, 2017. On behalf of defendant nos. 2 to 13 and 16 Mr. Ankhad submitted that the written statement may be treated as replies to the motion. Defendant nos. 17 to 20, 22 to 24, 26, 27, 29 to 31, 33 to 39, 41 to 42 support the plaintiff and defendant no. 1.

(3.) The plaintiff is a proprietary concern of one Mr. Sanjay Ghanshyamdas Jumani. Defendant no. 1 is a Co-operative Housing Society comprising of 162 plots having buildings thereon with a common recreation ground along with gymkhana located at Chembur Village, Mumbai. Gurukripa Building ["Gurukripa"] is part of the defendant no. 1 society. Gurukripa consists of 42 flats and 11 garages constructed in 5 wings on plot of land bearing CTS No. 199 admeasuring 3445.9 sq.mtrs. Except for one flat ad-measuring 500 sq.ft the remaining 41 flats measure 400 sq.ft in area. These 42 flats are held by 42 shareholders of defendant no. 1. Defendant no. 1 however has 500 shareholders.