M/S. BHARTI INFRA Vs. M/S. AATMEY REALTORS
HIGH COURT OF BOMBAY
M/S. Bharti Infra, Thr. Its Prop. ...
M/S. Aatmey Realtors Partnership ...
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ANUJA PRABHUDESSAI,J. -
(1.) The appellants herein have challenged the Order dated 30 th June, 2016 whereby the learned Civil Judge, Senior Division, Panvel has dismissed the application for temporary injunction (Exhibit 5) filed in Special Suit No. 46 of 2010.
(2.) The appellants herein were the plaintiffs and the respondents were the defendants in the said suit and for the sake of convenience they shall be referred to as the plaintiffs and defendants respectively.
(3.) The brief facts necessary to decide this appeal are as under:- The defendant nos.3 to 6 and one Yamunabai Mhatre were the owners of the property under Survey No. 305 Hissa No.19B, Survey No.304 Hissa No.19C and Survey No.304 Hissa No. 21C situated at Jassai, Panvel, District Raigad. The said property was acquired by the defendant no.13. The defendant nos.3 to 6 and said Yamunabai, being Project Affected Farmers were allotted the land bearing Plot No. C-4 Sector 8 admeasuring 1149.73 sq.meters under the 12.5 Scheme. The said plot shall be hereinafter referred to as the suit land. The defendant nos.3 to 6 and said Yamunabai had decided to develop the suit land. The plaintiff no.2 had agreed to develop the suit land and hence, on 22.10.2012 the plaintiff no.2 and the defendant nos.3 to 6 and said Yamunabai entered into a development agreement. In terms of the said agreement, the plaintiff no.2 had agreed to give to the defendant nos.3 to 6 and Yamunabai 50% construction of the proposed building and cash of Rs.2 Crores 7 lakhs out of which Rs.44 lakhs were paid on the date of execution of the said Development Agreement.;
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