JUDGMENT

A.M. Khanwilkar, J.

1. The captioned appeal challenges the judgment and order passed by the Division Bench of the Bombay High Court dated 9th July, 2018 in Commercial Appeal No.173 of 2017, whereby the Division Bench dismissed the appeal filed by the appellant and upheld the decision of the learned Single Judge dated 9th October, 2017 in Notice of Motion No.147 of 2013, wherein the learned Single Judge inter alia passed a mandatory interlocutory injunction directing the appellant to hand over 8 (eight) flats along with 16 (sixteen) car parking spaces under the Settlement Agreement dated 4th November, 2016 and Consent Terms dated 25th September, 2017 between respondent Nos.1 and 2 inter partes.

2. The relevant facts are as follows: Respondent No.1/plaintiff was appointed by one Andheri Kamgar Nagar Cooperative Housing Society Ltd. (for short, “the Society’) under a Development Agreement dated 6th October, 1996 as a developer under the Slum Development/ Rehabilitation Scheme to develop the suit property in question, being a plot of land situated at Versova Link Road, Taluka Andheri and bearing Survey No. 139, City Survey No. 1319 (Part) admeasuring 8892 sq. mts. or thereabou