Bombay High Court
LUCKY STAR CO-OPERATIVE HOUSING SOCIETY LIMITEDversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI (F-SOUTH WARD) AND OTHERS
- Decided
- Disposal
- Disposed Off
- Bench
- SHARMILA U DESHMUKH
Holding
The Court disposed of the appeal, refusing to continue the interim injunction and directing a joint survey for boundary demarcation.
Summary
The Lucky Star Co‑Operative Housing Society Ltd. appealed against an order that denied its request for an interim injunction restraining Defendant No.3 from encroaching on its plot (CTS No.854) at Jerbai Wadia Road, Mumbai. Defendant No.3 was carrying out a slum rehabilitation scheme on adjoining plots (CTS Nos.650 and 651) and had erected temporary barricades. The Court noted that the dispute centred on the exact boundaries of CTS No.854 and the adjoining plots and ordered that a joint application be filed with the City Survey Office for a survey and demarcation of the boundaries. Defendant No.3 undertook to remove the temporary barricades after the survey and to reinstall them only along the demarcated line. The parties agreed to this arrangement, and the Court disposed of the appeal, dismissing the interim application. The matter was left open for the parties to pursue appropriate proceedings if they are dissatisfied with the survey outcome.
Issues considered
- Whether an interim injunction should be granted to restrain Defendant No.3 from encroaching on the appellant's property pending determination of boundaries.
- Whether the Court can direct a joint survey and demarcation of the disputed boundaries.
- Whether temporary barricades erected by Defendant No.3 may remain in place pending the survey.
Subjects
- injunction
- encroachment
- boundary dispute
- survey
- slum rehabilitation scheme
- temporary barricade
- civil procedure
Judgment
2026:BHC-AS:27954
905 ao 684-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 684 OF 2026
WITH
INTERIM APPLICATION NO. 4937 OF 2026
IN
APPEAL FROM ORDER NO. 684 OF 2026
Lucky Star Co-Operative Housing Society Ltd. ... Appellant.
Versus
The Municipal Corporation of reater Mumbai (F- ... Respondents.
South Ward) and Ors.
—————
Mr. Aseem Naphade a/w. Mr. Pratik Amin, Mr. Pratik Poojary and Mr.
Harsh Agarwal for the Appellant.
Mr. Sachin Vajale, Neeta Jadhav i/by Ms. Komal Punjabi for Respondent-
BMC.
Mr. Viraj Parikh a/w. Mr. Siddharth Shah a/w. Ms. Sayali Diwadkar i/by
Trilegal for Respondent No.3.
—————
Coram : Sharmila U. Deshmukh, J.
Date : July 07, 2026
P.C. :
1. The Appeal from Order has been preferred being aggrieved
by the impugned order rejecting the ad-interim relief injuncting the
Defendant No.3 from encroaching upon, excavating, constructing,
erecting, bracketing, etc. or in the manner interfering with the
Plainti6’s peaceful possession, occupation and enjoyment of the
suit property being CTS No.854 situated at Jerbai Wadia Road, Near
sa_mandawgad 1 of 3
905 ao 684-26.doc
T.B. Hospital, Parel, Mumbai 400 012.
2. The Defendant No.3 is implementing a slum scheme on plot
bearing C.S. Nos.440 (part), 645 (part), 646 (part), 647 (part), 649
(part) 650 (part) and 651 of Parel Shivdi Division, Jerbai Wadia
Road, Parel, Mumbai. The allegation of encroachment is qua the
adjoining plots i.e. CTS Nos. 650 and 651 which is part of the slum
scheme.
3. During the hearing, this Court inquired as to whether survey
has been carried out, as the dispute appears to be as regards the
boundaries of CTS No.854 and CTS No.650 and 651. As survey was
not carried out, learned counsel for the parties, on instructions,
agree that a joint application will be Bled in the City Survey OCce
for carrying out the survey of CTS No.854, and CTS Nos.650 and 651
for demarcation of boundaries. Both parties are at liberty to furnish
documents to the concerned authority for carrying out survey,
which survey the authority to carry out in accordance with law and
as per the applicable provisions.
4. Learned counsel for the Defendant No.3 further undertakes
that the temporary construction barricading which has been
erected solely for the limited purpose of protecting the life and
property of the Appellant society’s plot as the Defendant No.3 is
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905 ao 684-26.doc
undertaking hill Dattening work required for slum rehabilitation
scheme and upon completion of hill Dattening work, it shall remove
the temporary construction barricading. He would further, on
instructions, submit that upon completion of the survey and
demarcation by the competent authority, the temporary
construction barricading will be re-erected along the demarcated
boundary.
5. The statements made are accepted as undertaking given to
this Court. It is clariBed that any party aggrieved by the
demarcation of boundaries is at liberty to adopt appropriate
proceedings in accordance with law.
6. In light of the consensus arrived at by the parties, the Appeal
from Order is disposed of. Interim Application does not survive for
consideration and stands disposed of.
7. In view of the above, learned counsel appearing for the
Appellant, on instructions, submits that the notice of motion
pending before the Trial Court will stand withdrawn with liberty to
adopt appropriate proceedings, if deemed necessary, after survey
is carried out.
[Sharmila U. Deshmukh, J.]
sa_mandawgad 3 of 3
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 08/07/2026 18:37:46
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