( 1 ) THESE matters are directed to be heard together as they involve common question of law and fact. Accordingly, they were heard together and being disposed of by this common Judgment.

( 2 ) W. P. 1812 of 1987 invokes this Courts jurisdiction under Article 227 of Constitution of india to challenge a judgement and order of maharashtra State Coop. Appellate Court dated 19th february 1987 in Appeal No. 468 and 469 of 1986. A copy of this judgement and order is annexed as annexure k to the petition.

( 3 ) THE first appeal is directed against a judgement and decree of City Civil Court, in l. C. Suit No. 3005 of 1985. This judgement and order is dated 24th April/ 2nd May 2002.

( 4 ) PETITIONER in Writ Petition is also appellant in the first appeal. The petitioner is appellant No. 9. It was original defendant No. 5 in the above civil suit. It would be convenient to refer to the facts in the first appeal for appreciating rival contentions.

( 5 ) THE above suit was filed by the original plaintiff (Appellant Nos. 1 to 8) against m/s. D. Raheja and Company, Mr. B. M. Shah and dr. Mrs. Vibha B. Shah as also Municipal Corporation and Gladhurst Cooperative Housing Society Ltd. (hereinafter re

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