( 1 ) THE judgment and decree dated 31st March, 2004, in L. C. Suit No. 4385/1997, passed by the Judge, City civil Court, Greater Bombay gave rise to these two appeals. First Appeal No. 786/2004 has been preferred by the original plaintiffs, whereas first appeal No. 989 of 2004 has been preferred by original defendant no. 1.

( 2 ) THE facts which are not in dispute for the purposes of the appeals can be stated thus:. Plaintiff No. 1 Madhu Vihar Co-operative Housing society Ltd. (hereinafter referred to as the "society") is registered on 20/1/1993 under Maharashtra co-operative Societies Act, 1960. Plaintiff No. 2 to 6 (hereinafter referred to as the "flat purchasers") are some of the members of the said Society. Defendant No. 1 m/s Jayantilal Investment (hereinafter referred to as the "promoter") is a partnership firm carrying on the business as builder/developer. Defendant No. 2 is the municipal Corporation of Greater Bombay and is an authority under The Maharashtra Regional and Town planning Act, 1966; The Urban Land (Ceiling and regulation) Act, 1976 and The Development Control regulations for Greater Mumbai, 1991 Defendant No. 3 is serving as Executive Engineer with defendant N

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