Author :
Sadanand B. Panchal
Posted On 04 August 2012 at 20:19
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Respected sir,
I have filed a suit before the Hon’ble City civil Court against a developer, a Co-operative Housing Society and B.M.C. when the said Defendants with their action obstructed my right of way, right of egress and ingress under a building permit. In the Plaint I have Exhibited a sketch Plan Showing the portion of right of way for which I entitled to. Now the said right of way is minimized, dogged and Ramp is constructed violating DCR. The ad-interim reliefs were refused by the Hon’ble Court due to undertaking given by the Defendant no.2. The N/M is pending for hearing. I have authorities/ citations of the Hon’ble Courts i.e. All point way Judgements. In the meanwhile the Defendant in suit filed his Affidavit in Reply which exposed that the Co-operative Housing Society is not the owner of the property land where the suit open space is the part of it. It was also stated on oath that dispute of the ownership of the land is under dispute before Hon’ble High Court First Appeal.
The following are the prayers which I have prayed before the Hon’ble Court:
THE PLAINTIFFS THEREFORE, PRAY :
a)That this Hon’ble Court be pleased to declare that the Defendants, their servants and agents or anybody claiming through or under them have any rights of any nature whatsoever obstructing the Plaintiffs right of way, right of egress and ingress or by the Plaintiffs vehicles on the said suit open space (Ex- B hereto) in any way towards the Plaintiffs premises known as Room no.X, X/A, XX Chawl, Dunhill Society Building Compound, C.T.S. no.XXXX, Dr. Ambedkar Road, Khar, Mumbai-400 052 and suit open space or appurtenances thereof.
b)That it may be declared by an Order of this Hon’ble Court that the Plaintiffs have as a right and out of necessity the right of way over the common suit open space (Ex- B) hereto and entrance and have an implied easement existing over the common entrances which the Plaintiffs have been enjoying since the last several years and has now sought to be denied by the Defendant No. 1 and 2 and that the Defendant No. 1 and their agents/servants may be restrained by an Order and injunction of this Court from proceeding any further with blocking of right of egress and ingress of the Plaintiffs towards Dr. Ambedkar Road from making constructions wall on the suit open space.
c)That this Hon’ble Court may be pleased to declare that the sanctioned Plan and I.O.D. bearing no. XXXX/AS/WS of 200X approved by the Department of the Defendant No. 3 be null and void and not binding upon the Plaintiffs and liable to be revoked.
d)That pending the hearing and final disposal of the suit, the Defendants their servants and agents be restrained by an order of injunction of this Hon’ble Court from obstructing the Plaintiffs right of way or right of egress and ingress or by Plaintiffs vehicles on the said suit open space (Ex- B hereto) towards the Plaintiffs premises known as Room no.X, X/A, XX Chawl, XX Society Building Compound, C.T.S. no.XXXX, Dr. Ambedkar Road, Khar, Mumbai-400 052 and suit open space or appurtenances thereof.
e)That pending the final disposal of the suit, the Defendants, their servants and agents or anybody claiming through or under them be directed by an order of this Hon’ble Court to remove any construction, wall constructed by the Defendant nos.1 and 2 obstructing the Plaintiffs right of way or right of egress and ingress or by Plaintiffs vehicles or in any way towards Plaintiffs premises known as Room no.X, X/A, XX Chawl, Dunhill Society Building Compound, C.T.S. no.XXXX, Dr. Ambedkar Road, Khar, Mumbai-400 052 and open space or appurtenances thereof ;
f)Pending the hearing and final disposal of the suit this Hon’ble Court may be pleased to restrain the Defendants, their agents, servants, and anybody claiming for further implementation of the said sanctioned Plan approved by the Department of the Defendant No. 3.
g)That if any orders are passed by this Hon’ble Court, this Hon’ble court be pleased to grant the Plaintiffs police assistance from Khar Police station to implement orders;
h)Ad interim and interim reliefs in terms of prayer (d) to (g) above be granted ;
i)For costs;
j)For such other and further reliefs in the nature and circumstances of the case may be granted;
My question is:
Can I Register a lis pendens before Sub-Register office under T.P. Act for my Suit?
Thanks in advance,
Sadanand B. Panchal.
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