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Bombay High Court Considers Interim Injunction in Land Allotment Dispute Involving Cooperative Housing Society. Notice of Motion Seeks to Restrain Creation of Third Party Rights Over ~23 Acres Prime Land in Versova, Mumbai.

High Court: Bombay High Court Bench: BOMBAY
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2026-09-17 20:31:27
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Case Note & Summary

The judgment text provided only includes the introductory paragraphs outlining the nature of the dispute and the relief sought, without the court's analysis or decision. Therefore, a full summary is not possible.

Issue of Consideration

Whether the plaintiffs are entitled to interim injunctive relief restraining defendants from creating third party rights over the suit land and staying the General Body resolution dated 24-12-2011.

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Case Details

2014 LawText (BOM) (10) 84

Notice of Motion No. 1352 of 2013 in Suit No. 730 of 2013

2014-10-07

G.S. Patel, J.

Mr. S. Ganesh, Senior Counsel; Pravin Samdani, Senior Counsel; Mr. Pradeeep Sancheti, Senior Counsel; Mr. Chetan Kapadia; Mr. Ankit Lohia; Mr. Rahul Totla; Mr. Sorshit Jain; i/b Mr. Tushar Goradia for Plaintiffs; Mr. U.S. Upadhyay, AGP for Defendant Nos.1&3; Mr. S.P. Thorat for Defendant No.2; Mr. D.D. Madon, Senior Counsel, i/b Mr. Kunal Bhanage for Defendant No.4; Mr. M.S. Doctor, Senior Adv, i/b Mr. Kunal Bhanage for Defendant No.5; Mr. Z.T. Andhyarujina, i/b Mr. Kunal Bhanage for Defendant No.6; Mr. S.U. Kamdar, Senior Counsel, i/b Mr. Kunal Bhanage for Defendants Nos.7,8,10,11,13,14,16,27,28,34,46,47,48,55; Ms. Madhavi Divan, i/b Mr. Kunal Bhanage for Defendants Nos.9,12,15,17-20; Mr. Vineet Naik, Senior Counsel, i/b Mr. Kunal Bhanage for Defendants Nos.21-26,29-33,35-45,49-54,56-60; Mr. F.E. DeVitre, Senior Counsel, i/b Mr. Tushar Goradia for Defendants Nos.61&62.

Ashok Dattatraya Kulkarni and Others

The State of Maharashtra and Others

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Nature of Litigation

Civil suit for declaration and permanent injunction concerning land allotment and membership rights in a cooperative housing society.

Remedy Sought

Interim injunctions to restrain Defendants No.4 and 5 from creating third party rights over suit land and to stay the General Body Resolution of the Society dated 24-12-2011.

Filing Reason

Plaintiffs claim exclusive entitlement to allotment of land based on a 1981 agreement for sale and a 2008 Supreme Court order, alleging that the society's resolution and potential third-party transactions would prejudice their rights.

Judgment Excerpts

This dispute pertains to a substantial tract of land admeasuring 94,861.30 sq.mts., roughly 23 acres, at Village Versova, Taluka Andheri in the Mumbai Suburban District. Situated as it is in a prime area in Mumbai’s suburbs, the property is undoubtedly of considerable value. The Plaintiffs claim to be exclusively entitled to an allotment of this land along with Defendants Nos. 61 and 62. 1 This claim is made on the basis that the ten Plaintiffs and Defendants Nos. 61 and 62 are all members of the Apna Ghar Cooperative Housing Society Limited, the 5th Defendant (“ the Society ”), of which the 1st Plaintiff, Ashok Dattatraya Kulkarni (“ Kulkarni ”), is said to be the Chief Promoter, a position he says he has held since the very beginning. The allotment is claimed on the basis of an agreement for sale of 1981 followed by an order of the Supreme Court in 2008. The motion seeks injunctive reliefs restraining the Defendant No. 4, a partnership firm of builders and developers, one Samartha Development Corporation (“ SDC ”) and Defendant No. 5, the Society, from creating any third party rights in respect of this land. A stay is sought of a resolution dated 24th December 2011 passed by the General Body of the Society at a Special General Body Meeting.

Procedural History

Suit No. 730 of 2013 filed in Bombay High Court; Notice of Motion No. 1352 of 2013 taken out by plaintiffs seeking interim reliefs. The motion was heard and judgment was reserved on 30-09-2014.

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Tags :
land allotment dispute cooperative housing society injunction third party rights Apna Ghar Co-operative Housing Society Samartha Development Corporation Chief Promoter Versova land Supreme Court order 2008 1981 agreement for sale Notice of Motion

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