USHA SUNDER PREMISES CHS. LTD. vs NILANG DESAI AND ORS.

ia-1075-2023.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1075 OF 2023 4. Mr. Ishan Gambhir with Ms. Amisha Upadhyay i/b. Indialaw LLP for Defendant No.5. ---------- CORAM : R.I. CHAGLA J. Reserved on : 19TH SEPTEMBER, 2025. Pronounced on : 14TH JANUARY, 2026. O R D E R:- 1. By this Interim Application, the Plaintiff has sought for 1/61 ia-1075-2023.doc an injunction restraining the Defendants from (i) in any manner acting upon or committing acts and omissions in furtherance of the impugned documents; (ii) in any manner carrying out any development and / or construction activity or constructing any building or structure on any part or portion of the Plaintiff’s property; (iii) dealing with, transferring, disposing of, alienating, encumbering, creating any third-party rights or parting with possession of any part and/or portion of the Plaintiff’s property and (iv) entering upon and / or remaining upon the larger property which includes the demised property and/or any part thereof. 2. The Plaintiff is a Co-operative Premises Society, consisting of 25 members (most of whom are senior citizens), registered under the Mahar