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Interim Order 2

CNR MHCC01013555201911 Mar 2026
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Interim Order 2 · 11 Mar 2026 · CNR MHCC010135552019

Order Details: Other
Pdf Text: Suit No.17/2020 Date : 11.03.2026
Exh.21
IN THE BOMBAY CITY CIVIL COURT BOMBAY
SUIT NO.17 OF 2020
Diamond Hill Co-operative Housing Society Ltd. ] ...Plaintiffs
Versus
M/s. K. M. Realty ] ...Defendants
I S S U E S
1. Does the plaintiff proves that, he is entitled for declaration that
the defendants have no right to enter upon the suit property and
to construct any building ?
2. Does the plaintiff proves that, he is entitled for declaration that
the defendants have no right to interfere in the peaceful
occupation and possession of plaintiff on the Plot bearing CTS
No.1313 admeasuring 3957.30 sq.metrs ?
3. Does the plaintiff proves that, he is entitled for permanent
injunction restraining the defendants and all person claiming
through them, from entering into and obstructing peaceful
possession of plaintiff over the suit property ?
4. Does the plaintiff proves that, he is entitled for permanent
injunction against the defendant restraining them from
developing the suit property or any part thereon and to create
third party interest therein ?
5. Does the plaintiff proves that, he is entitled for mandatory
injunction directing the defendants to perform all the statutory
obligations as per the provisions of MOFA and RERA Act. ?
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Suit No.17/2020 Date : 11.03.2026
6. Does the plaintiff proves that, he is entitled for a decree of
disclosure as mandatory under the provisions of the MOFA and
RERA Act ?
7. Does the defendant proves that, the suit is bad for non-joinder of
necessary party ?
8. Does the defendant proves that, the suit is barred by law of
limitation ?
9. Does the defendant proves that, the suit as framed and filed by
the plaintiff is not maintainable ?
10. What Order and Decree ?
Date : 11.03.2026 (Shri N. V. Jiwane)
Judge,
City Civil Court, Gr. Mumbai
(Court No.15)
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