1. Heard.

Admit.

By consent of parties, appeal is taken up for final disposal.

2. The appellant/ original plaintiff is taking exception to the order passed in Notice of Motion No.2214/2009 in L.C.Suit No. 2635/2009 by the Judge, City Civil Court, Greater Bombay on 17th March 2010. The appellant is the cooperative housing society and its membership consists of the occupiers of the flats in Rachana1 building constructed and developed by the defendants/ respondents herein. The defendant Nos.1 to 7 are the partners of the firm and are the builders and developers. Respondent Nos.12 and 13 are the Municipal Corporation and the Executive Engineer of the Corporation. Defendant Nos.1 to 7 developed the plot situated at village-Bhandup, taluka-Kurla and constructed Rachana1 building which consist of two wings “A-Wing” and “B-Wing”. The defendants secured proper permission and got the plan sanctioned and sold the flats to the prospective purchasers. The flat purchasers who are the occupants of building Rachana1 have formed the plaintiff-Society and the said society is now controlling the affairs of the building.

3. According to the plaintiff, the defendants obtained IOD for the con