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2019 Supreme(Bom) 76

S.C.GUPTE
Vitthal Laxman Patil – Appellant
Versus
Kores (India) Ltd. Real Estate Division Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.S. Apte, Mr. Atul Damle, Mr. Vaibhav Sugdare, Ms. R.M. Bagkar, i/b. Bagkar & Co.
For the Respondents: Mr. P.S. Dani, Mr. Sanjay Borkar, Mr. Amrut Joshi, Ms. Rashmi Telang, i/b. Rushabh Sheth, Mr. Mandar Patil, a/w. Ms. Roshni Naik

JUDGMENT :

This second appeal challenges a judgment dated 14 March 2016 passed by the District Court at Thane in Regular Civil Appeal No.2 of 2015, confirming the judgment and decree dated 20 December 2014 passed by the Court of Civil Judge (Senior Division), Thane, in Regular Civil Suit No.376 of 2010. By this latter judgment and decree the Appellant's suit was dismissed by the trial court.

2. It is the case of the Appellant (original “Plaintiff”) that sometime in January 2007, he, like several others, entered into a flat purchase agreement with Respondent No.1 (original “Defendant No.1”). The agreement referred to a layout (Layout dated 19 January 2005) showing 15 buildings to be constructed by Defendant No.1 at site, including the building containing the Plaintiff's flat. The layout also showed various open and amenity spaces. The layout, including the buildings and open as well as amenity spaces, was part of a plan sanctioned by the local planning authority, namely, Thane Municipal Corporation, and shown to the plaintiff and other purchasers. The Plaintiff and others were also given brochures concerning the entire project, known as “Kores Nakshatra”, specifying 15 numbers of buil
































































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