JUDGMENT - A.V. SAVANT, J.:---This appeal seeks to challenge the order dated 19th March 1979 passed by the City Civil Court in Notice of Motion No. 4996 of 1978 taken out by the plaintiffs in their

Suit No. 6861 of 1978. The suit has been filed on the 26th December 1978 by 17 plaintiffs, who are the Flat Owners in a building called 'Aashiana' situate at 22. Club Road (Maratha Mandir Road), Bombay 400 008. The said 17 plaintiffs are respondents Nos. 1 to 17 in this appeal. The appellant in this appeal viz. M/s. Khatri Builders is defendant No. 1 in the said suit. Defendants Nos. 2, 3 and 4 are the other Fat owners, who are respondents Nos. 18. 19 and 20 in this appeal. The suit has been filed for the relief of injunction restraining the first defendant promoter from constructing any additional structure or construction on the terrace of the building 'Aashiana'.

2. It appears that in 1976 the plaintiffs entered into the usual agreement for purchase of flats in the building to be constructed by 'the appellant who is the 'promoter' within the meaning of the provisions of section 2 (c) of the Maharashtra Ownership Fats (Regulation of the Promotion of Construction, Sale, Management and

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