M/S. JOY AUTO WORKS & ORS versus SUMER BUILDERS (P) LTD. & ANR.

M/S. JOY AUTO WORKS & ORS versus SUMER BUILDERS (P) LTD. & ANR.

Given the absence of an existing alternate motorable access and the specific facts of the case, ad-interim protection in the form of motorable access through plot no.879 must be preserved to avoid irreparable harm to the appellants and ensure their plots are not land-locked while the suit is pending or until the 40 feet D.P. Road is constructed.

Parties
Appellant: M/S. Joy Auto Works & Ors; Respondent: Sumer Builders (P) Ltd.; Respondent: Bombay Municipal Corporation
Jurisdiction
India
Judgment Date
02 April 2009
Procedural Posture
Civil Appeal / Appeal Against Interim Order of High Court
Outcome
Appeal allowed (interim relief granted)
Legal Topics
Easement, Right of Passage, Interim Injunction, Town Planning Scheme
Property Law Easement Right of Passage Interim Injunction Town Planning Scheme

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

M/S. Joy Auto Works & Ors

Appellant

Sumer Builders (P) Ltd.

Respondent

Bombay Municipal Corporation

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interim Order of High Court

Legal Issues

  1. 1 Whether the appellants are entitled to an interim order granting motorable access to plot no.878 through plot no.879 during the pendency of the suit
  2. 2 Whether denial of such access would cause irreparable injury to the appellants

Ratio Decidendi

Given the absence of an existing alternate motorable access and the specific facts of the case, ad-interim protection in the form of motorable access through plot no.879 must be preserved to avoid irreparable harm to the appellants and ensure their plots are not land-locked while the suit is pending or until the 40 feet D.P. Road is constructed.

Court Disposition

Appeal allowed (interim relief granted)

Orders

  • Appellants are entitled to motorable access from the main road to plot no.878 through plot no.879 and the portion of plot no.879 in their possession, either until the disposal of the suit or until construction of the 40 feet wide D.P. road adjacent to plot no.878 by the Bombay Municipal Corporation, whichever is...
  • Upon construction of the said D.P. Road providing access to plot no.878, respondent no.1 may move the Trial Court for revocation of this right of way; this order will not prevent the Trial Court from passing such an order if sufficient access is then available.