1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 2930 OF 2004 IN SUIT NO. 2899 OF 2004 G. M. Breweries Ltd. .. Plaintiff Vs. Gyaneshwar Apartments Co-op. Housing Society Ltd. & Anr. .. Defendants. Mr. A. Y. Bookwalla Sr. Counsel a/w Mr. O. A. Das for the Plaintiff. Mr. D. S. Chandnani i/b M/s. Lexim Associates for the Defendants. CORAM : MRS. R. S. DALVI, J. DATE : 22nd June, 2010. P.C. 1. The Plaintiff has taken exception to Defendant No.1 entering into an agreement with Defendant No.2 to develop the plot of land under Survey No. 935 which belongs to one M. K. Irani and which the Plaintiff was to develop under an agreement entered into by the said owner. 2. Defendant No.1 society has been constructed upon the development put up by one Dnyaneshwar Builders. Defendant No.1 society sued for the statutory right of forming the society and of being conveyed the entire plot of land sought to be developed under Sections 4 & 11 of the Maharashtra Ownership Flats Act, 1963 (MOFA). Defendant No.1 has been allowed to be conveyed the sub- 2 divided plot of land under its own building and the land appartent thereto used for car parking spaces, access to the building, terrace, compulsory open space etc. if and upon the Plaintiff making its application and the Plaintiff being granted sub-division of the suit plot of land under Survey No. 935 by the MMC in accordance with law. Defendant No. 1 has been refused conveyance in respect of any other portions of the land of the owners. 3. Defendant No.1 has no right to develop the property which is not conveyed or which cannot be conveyed to Defendant No.1. Defendant No.1 has not shown its title to the land sought to be developed where another building United Western Apartment is constructed and where admittedly there are certain tenements of the owner of the plot of land. Defendant No.1 seeks to develop the entire property shown in the plan Exhibit B to the plaint except the building United Western Apartment. Defendant No.1 cannot be allowed to develop any other parties of the suit land under Survey No. 935. 2. Consequently the Notice of Motion is made absolute in terms of prayer (a). 3. The Notice of Motion is disposed of accordingly. ( R. S. DALVI, J.)