Maharashtra appellate court grants temporary parking protection to Borivali homebuyers

In 2009, Mr and Mrs Mahey purchased a unit in Phase-1 of a Borivali housing complex and received parking allocation GO/26 from the developer. After the society was formed, a new parking policy led to conflicting claims: the Phase-1 society, the Phase-2 society, and the builder all asserted ownership of the same 18 slots and the surrounding open area. The Maheys painted their number on the spot, prompting a notice from the Phase-1 society.

The Maharashtra Co-Operative Appellate Court, reviewing documents such as the 2008 allotment letter and society minutes, concluded that the ownership of GO/26 was uncertain and granted interim protection to the Maheys. The court barred the Phase-1 society from obstructing access to the slot and dismissed its appeal with costs, while the underlying title dispute remains pending.