Nitin J. Shah And Another v. Shreemad Gokul Apartment Co-Op.Hsg Soc.Ltd. Thr. Its Secretary Mr. R.S. Mehta And Another

35 AO-346-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 346 OF 2024 WITH INTERIM APPLICATION NO. 8280 OF 2024 by HUSENBASHA RAHAMAN NADAF Date:

2024.11.28 10:21:55 +0530 HUSENBASHA RAHAMAN NADAF Nitin J. Shah And Another ...Appellant

Versus

Shreemad Gokul Apartment Co-op. Hsg Soc. Ltd. Through Its Secretary Mr. R.S. Mehta And Another

...Respondents

*** Mr. Bhavin Gala i/b. Mr. Tejas Shah, for Appellant. *** CORAM : M.M. SATHAYE, J.

DATE : 27th NOVEMBER, 2024 P.C. :

1.

Heard learned counsel for the Appellant.

2.

By the impugned order, the motion filed by the Appellant restraining the Respondent No.1-Society from levying penalty towards possession of the subject matter terrace, is dismissed. 3.

The Appellant has filed suit seeking declaration of ownership in respect of subject matter terrace. It is the claim of the Appellant that the said terrace is exclusively owned by the Appellant. From the impugned order, it is seen that the case of Respondent No. 1-Society is that the said terrace is a common amenity. 4.

In light of these rival contentions, as also considering that the Husen

35 AO-346-2024.doc suit is of the 2018, issue notice to the Respondents, returnable on 16.12.2024.

5.

In addition to Court notice, private notice is permitted. Notice to indicate that subject to time constraints, an endeavor will be made to finally hear and dispose of the appeal at the admission stage. (M.M. SATHAYE, J.) Husen