ORDER No.        05                                                               Date: 25/07/2023

This case record is taken up for consideration for passing order in respect of the petition filed by OP Nos. 8 to 12 & 14 to 19 for modification of the injunction order passed by this District Commission on 04/05/2023.

This matter is contested by the complainant side who is the OP in this M. A. Case by filing written objection.

Heard both sides.

Considered submission.

In course of argument Ld. Advocate of the applicants/Ops of Complaint Case No. 249 of 2022 pointed out that there is no flat at 7^th floor of the suit property and so in the order of injunction the direction which is given by the District for distribution of 2 flats in the 7^th floor and 9^th floor is required to be modified.

As per submission of the Ld. Advocate of the applicants/Ops side in place of 7^th floor there is no necessity of incorporating the 6^th floor instead of 7^th floor.

It is the main point of contention of argument of the complainant side who is the OP of this M. A. case that the injunction order is still prevailing and by violating the injunction this rectification cannot be done. It is also pointed out that if the rectification of the injunction order is done by the District Commission the interest of the complainant who is the OP of this M. A. case shall be seriously affected.

After going through the materials of the case record of this M. A. case as well as the Complaint Case being No. 249 of 2022 it appears that the parties have not yet demarcated and/or allotted their respective flats and in absence of demarcation of 18 flat owners i.e. OP Nos. 8 to 12 and 14 to 19 there would be serious problem for the promoter/developer to distribute 18 flats upon the above noted Ops. More so, as per injunction order two flats cannot be transferred or re-alienated in any way till the disposal of this case.

This matter is clearly indicating that which two flats are required to be handed over to the complainant has not yet been decided.

In view of this position it would be just and proper decision for demarcation of the flats amongst the OP Nos. 8 to 12 & 14 to 19 at first and thereafter the question of modification of injunction order is to be taken up for consideration.

The case laws AIR1993Madrass Page 134 and AIR1981Gauhati Page 41 which have been referred by the applicant side in support of the modification of the injunction order is to be taken up for consideration when the prayer of the Ops for modification of the injunction order is to be disposed of.

In the light of the observation made above, this District Commission is of the view that OP Nos. 8 to 12 & 14 to 19 shall demarcate their respective flats at first and thereafter the prayer of the applicants for modification of the injunction order is to be taken up for consideration.

Thus the M. A. Case being No. 70 of 2023 is disposed of on contest.

However OP Nos. 8 to 12 & 14 to 19 are given opportunity to file fresh application for modification after demarcation of their flats.

No order is passed as to cost.

Dictated & corrected by me.

        President