1. Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

2. The writ jurisdiction of this Court is invoked against the order dated 02/05/2013 passed by the learned Judge of the City Civil Court for Greater Bombay by which order the learned Judge has decided the preliminary issues relating to the jurisdiction of the City Civil Court and limitation, it is held that the City Civil Court does not have the jurisdiction to try and entertain the suit in question and has accordingly directed return of the plaint for being presented to the Court having jurisdiction and has directed the parties to remain present in the Cooperative Court at Bombay on 28/06/2013, it is further held that the suit as filed is within limitation.

3. The facts giving rise to the above Petition in brief can be stated thus :- The Petitioner herein is a Cooperative Housing Society. The Plot of land on which the building of the Society has been constructed is out of the land bearing CTS No.551/3 corresponding to Survey No.94 (Part) and 119(Part) of village Nahur admeasuring 5665.66 sq.yards equivalent to 4737.22 sq.mtrs. It is out of the said larger area that a plot identified as Plot 11B was carved out which admeasures 1295.45 sq.mtrs and a Development Agreement was entered into by one Nahur Udyog Cooperative Housing Society with the Respondent No.1, who is a developer, which Development Agreement is dated 18/12/1988 and a Power of Attorney was also executed in favour of the Respondent No.1. It seems that the original Plot No.11 was subdivided into Plot No.11A and Plot No.11B. In so far as Plot No.11A is concerned, it admeasures 3441.75 sq.mtrs and in so far as Plot No.11B is concerned, it admeasures 1295.45 sq.mtrs. Both the plots are in the residential zone. It appears that the Commencement Certificate came to be issued in favour of the Respondent No.1 on 18/7/2000. It is pursuant to the sanctioned plan that the Respondent No.1 constructed a building being “A” Wing with ground and 7 upper floors and “B” Wing with ground and 6 upper floors with part 7th floor having two flats being Flat No. 701 and Flat No.702. By Diverse Agreements executed from the year 2006, the flats in the said building were sold to the purchasers. In so far as the covenants in the Agreements with the flat purchasers are concerned, the relevant covenants are as under :

[a] Clause 2 of the said Agreement provide that Respondent No.1 agreed and assured that in case of any variation or modification of building plan in future, a reasoned sanction of flat purchaser will be obtained.

[b] Clause 3 provides that Respondent No.1 agreed to construct building as per plan approved and sanctioned on 18/07/2000.

[c] Clauses 14 and 15 – Respondent No.1 recorded that the said Agreements of Sale with the flat purchasers are covered under the provisions of Maharashtra Ownership Flats Act, 1963, herein after referred to as “the said Act” for the sake of brevity.

[d] Clause 17 provides that Respondent No.1 agreed to get Cooperative Housing Society of the flat purchaser formed and registered

[e] Clause 20 provided that Respondent No.1 has agreed to convey the suit property to the registered Societies.

Hence though in terms of the Agreements entered into with the flat purchasers, the Respondent No.1 had to register a Cooperative Society. The Respondent No.1 failed to register the same and ultimately the flat purchasers got the Society registered on 15/04/2008. It seems that the said registration of Society was challenged by the Respondent No.1 by filing proceedings which challenge failed. It appears that in the year 2008, the Respondent No.1 got the plans sanctioned for construction of three garages in the compulsory open space towards west side of the “B” Wing numbered as Garages 1, 2 and 3 on the said plot. The Respondent No.1 also entered into a transaction of sale of the Society's Office to one Mrs. L S Jain who in turn sold the same to the Respondent Nos.2 to 5