Erle Benedict Pereira vs Erlyn Apartment cooperative housing society limited

Judgment text excerpt

OSIA 6603-25.docx Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. INTERIM APPLICATION NO. 6603 OF 2025 IN SUIT NO. 300 OF 2025 Erle Benedict Pereira .. Applicant IN THE MATTER BETWEEN Erle Benedict Pereira .. Plaintiff Versus Erlyn Apartment Co-operative Housing Society Defendant / Ltd .. Respondent ....................  Mr. Karl Tamboly a/w Ms. Anuja Jhunjhunwala & Ms. Pooja Mehta i/by M Mulla Associates, Advocates for Applicant / Plaintiff  Mr. Sean Wassoodew a/w Ms. Ashna Shah & Mr. Abdul Rehman, Advocates for Defendant / Respondent ................... CORAM : MILIND N. JADHAV, J. DATE : DECEMBER 10, 2025 JUDGMENT: 1. Heard Mr. Tamboly, learned Advocate for Applicant / Plaintiff and Mr. Wassoodew, learned Advocate for Defendant / Respondent. 2. Interim Application is filed by Applicant / Plaintiff. Suit is filed seeking declaration for extra FSI / additional area in respect of Plaintiff's entitlement under the registered Deed of Conveyance dated 27.09.1994 executed between Mr. Alexander Benedict Joseph Pereira (ABJ Pereira) and predecessor-in-title of Plaintiff and Defendant 1 of 30 OSIA 6603-25.docx Society. Pleadings are completed in the Interim Application. By consent, Interim Application is heard for interim reliefs. 3. Briefly stated Mr. ABJ Pereira was the owner of a plot of land bearing CTS No. C/257 (part) and C/258 (part) of Bandra being Municipal Ward No.II-E-1405-2 admeasuring approximately 1160 sq. yards situated at St. Joseph's Road, Bandra (W), Mumbai (hereinafter referred to as the "subject land"). Plaintiff is the son and legal heir of Mr. Pereira. Mr. ABJ Pereira established a Partnership Firm under the name of 'Erlyn Enterprises' along with three other partners under a Deed of Partnership dated 25.09.1978 to redevelop the subject land.