SM 1 20.ao.1098.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1098 OF 2011 WITH CIVIL APPLICATION NO. 1464 OF 2011 IN APPEAL FROM ORDER NO. 1098 OF 2011 Smt. Suman T. Dhake ....Appellant. Versus The Estate Manager-II and another ....Respondents. ____________ Mr. R. P. Singh for the Appellant. Mr. A. B. Kulkarni for the Respondent No. 2. CORAM: R. M. BORDE, J. DATED : NOVEMBER 17, 2011. P.C.: The appellant/plaintiff is taking exception to the order passed in Notice of Motion No. 1024 of 2011 in S. C. Suit No. 793 of 2011 decided by the Judge, City Civil Court, Bombay. The plaintiff/appellant claims an order of injunction restraining the MHADA from entering into any agreement or conveyance with defendant no. 2 and/or their associates, servants and agents and persons claiming through them without regularizing the terrace floor admissible to the plaintiff. 2. According to the plaintiff, he is in possession of the flat no. 24 which has been alloted to him alongwith a terrace and as such, he is entitle to an area having facility of terrace and until such assurance is given by the society, further developments of the property shall not be carried out. It is observed by the Trial Court that the terrace which the plaintiff claims to be attached to the flat is a common area available for enjoyment of other tenants SM 2 20.ao.1098.11 occupying the said floor. It is also observed that the flat having facility of terrace was not exclusively alloted to the plaintiff. There is no evidence to the effect that the flat was alloted to the plaintiff having facility of terrace which is exclusively in possession of the plaintiff and as such, the plaintiff is not entitled to claim allotment of a flat having facility of terrace. 3. I do not find any infirmity in the order passed by the Trial Court. The Appeal from Order is devoid of substance. The Appeal from Order, therefore dismissed. 4. In view of dismissal of Appeal from Order, Civil Application do not survive and the same is disposed of accordingly. (R. M. BORDE, J.)