Full Order Text
Order 1 · 31 Jul 2018 · CNR MHCC010054492018
Order Details: Other Pdf Text: 31.07.2018 SU 2763/08@ Counter Claim 02/2011 CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02) Adv.B.A.Singh for Plaintiff present. F.R.S.R.Following order is passed. ORDER 1. The suit is decreed with costs. 2.It is declared that for want of written consent of the plaintiffs and its members as per the provisions of Maharashtra Ownership Flats Act 1963, defendant no.1 are not entitled to put up any additional construction/structure on and around over 'A' and 'B' wings of the building of the plaintiffs society known as “Vinayak Ashsish”, situated at C.T.S.No.551/3, plot no.11B, Madan Mohan Malviya Marg, Nahur Village, near Mulund (west), Mumbai; 3.It is ordered that defendant no.1 to convey the suit land bearing C.T.S. No. 551/3, Survey No. 94(P) and 119(P), plot no. 11B, admeasuring 1295.45 sq.mtrs. with building thereon known as “Vinayak Ashish” , situated at Madan Mohan Malaviya Marg, Nahur Village, Near Mulund (west) in favour of the plaintiffs society by executing Deed of Conveyance. 4.It is declared that the construction of one additional room to each flat used as living room at 7th floor level of 'B' wing of suit building by the defendant no.1 is without obtaining written consent of the flat purchasers in the suit building and same is illegal and unauthorized being contrary to provisions of section 7 of Maharashtra Ownership Flats Act 1963. 5. The defendant no.2/ Municipal Corporation of Greater Mumbai is directed to initiate action for removal or demolition of the additional room to each flat used as living room constructed by defendant no.1 at 7th floor level of 'B' wing of suit building, by following the due process of law. 6. The Counter claim no. 2/11 is dismissed with costs. 7.The defendant no.1 or anyone on behalf of defendant no.1 are perpetually restrained from putting up any additional or further construction in or around 'A' and 'B' wings of the suit building without obtaining written consent of the plaintiff and all its members. 8.Decree be drawn up accordingly. Judge -- 1 of 1 --