LOK EVERST CO OP HSG. SOC. LTD. vs JAYDEEP DEVELOPERS AND 2 OTHERS

Judgment text excerpt

RO-IA 308.19 with IA 2718.20 in S 191.23.doc Kavita S.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.308 OF 2019 IN SUIT NO.191 OF 2023 Lok Everest Co-Op.Hsg. Soc. Ltd. …Applicant/ Org. Plaintiff Versus Jaydeep Developers & Ors., …Respondents/ Org. Defendants WITH INTERIM APPLICATION NO.2718 OF 2020 IN INTERIM APPLICATION NO.308 OF 2019 IN SUIT NO.191 OF 2023 Jaydeep Developers …Applicant/ Org. Defendant No.1 Versus Lok Everest Co-Op.Hsg. Soc. Ltd. …Respondent/ Org. Plaintiff ---------- Dr. Abhinav Chandrachud a/w Mr. Mukesh Gupta, Ms. Ashwini Patil i/b Solicis Lex for the Plaintiff. Mr. Ashutosh Kumbhakoni, Senior Counsel a/w Mr. Vishal Narichania, Mrs. Pallavi Kulkarni i/b Ms. Minal Parab a/w Mr. Manoj B., Mr. Shrinidhi Suryawanshi for Defendant No.1 in Suit and for KAVITA SUSHIL Applicant in IA 2718/2020. JADHAV Digitally signed by KAVITA Ms. Pooja Yadav i/b Ms. Komal Punjabi for Defendant No.2. SUSHIL JADHAV Date: 2025.11.07 17:43:19 +0530 Mr. G.S. Bhat for Applicant in IA 452/2022. ------- 1 RO-IA 308.19 with IA 2718.20 in S 191.23.doc CORAM : R.I. CHAGLA, J. RESERVED ON : 27th JUNE, 2025. PRONOUNCED ON : 7th NOVEMBER, 2025. ORDER : 1. By this Interim Application, the Plaintiff/Applicant is seeking an order of injunction restraining the Defendant No.1 and / or their agents, servants and assigns from making any alterations and / or constructing new Building C5 or Wing C5 or undertaking any construction in the Larger Property. Further, consequential relief has been sought in addition to the primary relief. 2. The captioned Suit has been filed by the Plaintiff in which the present Interim Application has been taken out seeking to enforce its rights under Section 7(1)(ii), read with Sections 3(2)(c) and 4(1A)(a)