Sayyed Gulam Nabi Ilyas Prop. M/S. G. N. Constructions v. Atka Builders Private Limite Thr. Its Dir. Sudha Doshi And Others

910-wp9890-2022 with ia3398-2022.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9890 OF 2022 WITH INTERIM APPLICATION NO.3398 OF 2022 Sayyed Gulam Nabi Ilyas, Proprietor of M/s. G.N. Constructions ... Petitioner V/s.

Atka Builders Pvt. Ltd., through its director Sudha Doshi & Ors.

... Respondents ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2023.10.19 10:22:05 +0530 Mr. V.R. Tripathi for the petitioner/applicant. Mr. Prathamesh Bhosle i/by MNSQ Legal for the respondents.

CORAM :AMIT BORKAR, J.

DATED :OCTOBER 18, 2023 P.C.:

1.

The petitioner/original plaintiff is challenging orders passed by the Courts below seeking injunction against the defendants not to create third party rights in relation to the suit building. 2.

According to the petitioner, based on development agreement executed by defendant Nos.1 and 2, they constructed the suit building. Said fact is denied by the defendants. The Courts below have recorded a finding that the defendants have constructed the property.

3.

The petitioner being plaintiff, it is for the petitioner to prove

910-wp9890-2022 with ia3398-2022.doc his prima facie case. No documents are produced on record by the petitioner to indicate that he has constructed the suit building. In absence of such proof, the Courts below were justified in rejecting the application for temporary injunction. In my opinion, therefore, there is no perversity in the orders passed by the Courts below. 4.

The writ petition is dismissed. No costs.

5.

In view of dismissal of the writ petition, the interim application also stands disposed of as infructuous. 6.

Hearing of the suit is expedited.

(AMIT BORKAR, J.)