Sundaram Co-Op Hsg. Soc. Ltd. Thru Chairman Mr. Dilip Pandit Jagtap M v. M/S R. P. Constrictions Thru Partners

Dusane 1/2 30 wp 13723.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Bhalchandra G. Dusane WRIT PETITION NO.13723 OF 2018 Bhalchandra G.

Dusane Date: 2021.01.25 11:33:42 +0530 Sundaram Co-operative Housing .... Petitioner Society Limited Vs.

M/s R.P. Constructions .... Respondent Mr. Rohit D. Joshi for Petitioner Mr. Drupad S. Patil for Respondent.

Coram : NITIN W. SAMBRE, J.

Date : 22nd January, 2021 P.C.:

1.

In a suit for declaration and injunction, both the Courts below have concurrently held that the Petitioner has not made out prima facie case, there is no balance of convenience in favour of the Petitioner and since there exist way to enter into the society building, no irreparable loss would likely would be caused. 2.

Mr. Patil, learned counsel for the Respondent has given some suggestion to which the Petitioner is not agreeable. However, this

Dusane 2/2 30 wp 13723.2018.doc will not preclude the parties from sitting together before the trial Court and settle the matter. The trial Court as such is requested to refer the matter for mediation.

3.

As far as merits of the matter are concerned, I hardly see any ground, which warrants interference in the order impugned, as already there exist right of way to the Petitioner. 4.

In view of above, no case for interference is made out. The Writ Petition is dismissed.

( NITIN W. SAMBRE, J. )