Goel Ganga Foundation vs Federation Of Swarganga Co-Op. ...
2021 Latest Caselaw 6814 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

                     WRIT PETITION (ST) NO. 9855 OF 2021.


      Goel Ganga Foundation                                       ..Petitioner

                     v/s.

      Federation of Swarganga Co-op. Hsg. Soc. Ltd.
      Through its Chairman & Ors.                                 ..Respondents

      Mr. Prasad Dhakephalkar, Sr.Advocate a.w, Mr. Saket Mone & Mr.
      Shrey Shah i/b. Vidhi Partners for the Petitioner.
      Ms. M.S.Bane, AGP for the State.
      Mr. Prashant Darandale for the Respondent Nos.1 to 13.

                                      CORAM : ANUJA PRABHUDESSAI, J.

DATED : APRIL 28, 2021.

P.C.

1. By way of ad-interim relief, the Petitioner seeks to restrain the

Respondent nos.1 to 13 from obstructing the Petitioner's staff,

employees, parents, visitors etc from parking their vehicles in the

allotted parking spaces which are more specifically described in

Exhibit D which is annexed to the Petition at pages 83 to 86.

2. Heard learned Counsel for the respective parties.

3. Learned Counsel for the Petitioner states that the Petitioner

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has been using the said parking space since the year 2010 that the

interim relief was operating in favour of the Petitioner till the date

of dismissal of the appeal vide judgment dated 31.03.2021.

Learned Counsel for the Petitioner apprehends that the Petitioner

will be obstructed and prevented from using the parking space

which they have been using since the year 2010.

4. Learned Counsel for the Respondent states that the Petitioners

are trespassers and have no right to use the said parking space. He

therefore contends that the Petitioners are not entitled for any ad-

interim relief.

5. I have perused the records and considered the submissions

advanced by the learned Counsel for the respective parties. It is

not in dispute that the Petitioner is running a school . It is the case

of the Petitioner that the Defendant No.14, who is a Developer had

allotted to the Petitioner 110 parking spaces in buildings A &

which form part of the same layout. The Petitioners are using the

said parking space since the year 2010. The possession of the

Petitioners was protected by the trial Court vide order dated

18.07.2019 and this order has been set aside by the learned District

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Court by impugned order dated 31.3.2021, till which date the

interim relief granted by the trial Court continued to operate.

Considering the above facts and in view of the apprehension

expressed by the Petitioner, it is necessary to protect the possession

of the Petitioner till the next date of hearing. Hence, ad-interim

relief is granted in terms of prayer clause (b) till the next date of

hearing.

6. S.O. to 10th June, 2021.

                                        (ANUJA PRABHUDESSAI, J.)




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