JUDGMENT:- The First Petitioner is a partnership firm which is carrying on the work of developing landed property comprising of CTS 159/A/1593 of Village Vadavali at Chembur, Mumbai. An entity by the name of Bombay Construction and Engineering Company Limited is the registered owner of the plot of land, having acquired right, title and interest under a consent decree dated 13th February, 1996 passed by this Court in a suit on the Original Side. The plot of land admeasures 5928.50 sq. mtrs. The First Petitioner entered into agreements with flat purchasers and it is common ground that all those agreements are in the same format of which a sample has been placed on the record of the Court. The flat purchase agreements record that a portion of the property described as the "retained property" was being developed by the owners, Bombay Construction and Engineering Company Private Limited. The owners had in turn entered into a Memorandum of Understanding on 10th April, 1996 with Kritika Properties and Developers Pvt. Limited ("Kritika") by which Kritika would be permitted to construct on the balance portion. In so far as the First Petitioner is concerned, the owners had permitted the Firs

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