Synopsis

The plaintiff (a cooperative housing society) claimed ownership of 938 square meters of land (suit property) forming part of a larger 6,067 square meter plot. The society’s building was constructed in 1983‑84 under a sanctioned plan with FSI of 1.33. The developer (defendant No.1) initiated redevelopment of the entire larger plot pursuant to orders of the Supreme Court dated 19.04.2022 and 19.09.2022, which directed that the land be developed as a single indivisible plot and conveyed only after completion of redevelopment. The society refused to join the redevelopment and filed a suit seeking declaration of ownership and injunction restraining the developer from using the FSI attributable to its claimed land. The High Court rejected the interim injunction, holding that: (i) the Supreme Court orders are binding and preclude any sub‑division or premature conveyance; (ii) the society’s Miscellaneous Application seeking similar relief was dismissed in limine, which draws the curtain on the litigation; (iii) FSI is computed on the entire plot, not on notional sub‑divisions; and (iv) the society failed to make out a prima facie case for interim relief.

1. Heading of the judgment

High court of judicature at bombay ordinary original civil jurisdiction

Interim application no. 6622 of 2025 in suit no. 217 of 2025 (with interim application no. 4657 of 2025)

Raj doshi exports private limited (plaintiff) vs. Om galaxy apartments chs ltd. & anr. (defendants)

Coram: hon’ble mr. justice milind n. jadhav

Core Law: Code of Civil Procedure, 1908 – Order VII Rule 11 – Rejection of plaint – Interim injunction – Maharashtra Ownership of Flats Act, 1963 (MOFA) – Conveyance of land – FSI computation – Res judicata – Binding effect of Supreme Court orders.

Court: High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction)
Coram: Hon’ble Mr. Justice Milind N. Jadhav (Single Judge)
Date of Judgment: June 12, 2026
Case No.: Interim Application No. 6622 of 2025 in Suit No. 217 of 2025 (connected with IA No. 4657 of 2025 under Order VII Rule 11 CPC)

2. Legal framework

Major laws and provisions involved:

• Code of Civil Procedure, 1908 – Order VII Rule 11 (rejection of plaint), Order XXXIX Rules 1 and 2 (temporary injunction)

• Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) – Sections 11, Rule 9 (conveyance of land)

• Maharashtra Regional and Town Planning Act, 1966 – Development Control and Promotion Regulations (DCPR) 2034 – Regulation 33(9) (rehabilitation plus incentive FSI)

• Constitution of India – Article 141 (law declared by Supreme Court binding on all courts)

Subject matter of the judgment:

Whether a cooperative housing society can claim interim injunction restraining a developer from utilizing FSI on a larger plot of land, when the Supreme Court has already directed that the entire plot be developed as a single indivisible land parcel and conveyed only after completion of redevelopment, and the society’s application to be excluded from the redevelopment was dismissed by the Supreme Court.

Key legal principles applied:

• Binding effect of Supreme Court orders even without reasons: An order of the Supreme Court, even if unaccompanied b

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