Malabar Hill bldg residents have right to common terrace

Residents and community members have expressed their satisfaction with the court’s decision, lauding it as a step towards fostering harmony and unity within the building. The ruling is expected to contribute to the overall well-being and peaceful coexistence of the residents, promoting a sense of camaraderie and shared responsibility.

The residents were forced to move court after a couple, owners of several flats and other parts of the premises some of which were inherited from the original owners of the entire property, allegedly claimed in 2022 that the terrace only belonged to them and other residents would not be allowed to access it. Some of the other flat owners, plaintiffs in the case, told the court they would use the terrace for walking and other activities.

The court also said the aspect of exclusive rights of the defendants in the common terrace can be a matter of trial.