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Bombay High Court

LUCKY STAR CO-OPERATIVE HOUSING SOCIETY LIMITEDversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI (F-SOUTH WARD) AND OTHERS

Decided
Disposal
Disposed Off

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



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                                                       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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                             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.]



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Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 08/07/2026 18:37:46


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