Judgment :-

M.Y. Eqbal, J.

Leave granted.

2. This appeal is directed against the order dated 14th February, 2012 of the High Court of Judicature at Bombay in Writ Petition No. 130 of 2012 whereby the order dated 3rd December, 2011 passed by the learned Judge of City Civil Court, Dindoshi, Goregaon, Mumbai was set aside and the plaintiffs (respondent Nos. 1 to 3 herein) were permitted to amend the plaint.

3. The facts of the case are that the plaintiffs are allegedly the members of the appellant – a Co-operative Housing Society (defendant No. 1 in the suit) (in short “the Society”) which had entered into a development agreement in the month of November 2006 with Respondent No. 4 M/s. Universal Builders (in short “the Developer”) in respect of the development of the Society’s property. The plaintiffs challenged the re- development in the Co-operative Court at Mumbai but failed. The Co-operative Appellate Court also refused to grant any relief to them. They thereafter filed a suit in the City Civil Court at Mumbai inter alia challenging amalgamation of plots bearing CTS Nos. 978 and 979 (both owned by the appellant-Society), praying for directions to Municipal Corporation of Greater Mumb