N.J.JAMADAR
Jayashree Chandrakant Thite – Appellant
Versus
Padmavati Mohanlal Parekh – Respondent
JUDGMENT
N. J. Jamadar, J. - This Chamber Summons is taken out by the applicants seeking their impleadment as the plaintiffs either by deleting extant plaintiffs or by adding the applicants as plaintiff nos.6 to 10.
2. As the dispute spans over a period of 40 years, it may be apposite to note the facts which led to the instant chamber summons, in a little detail.
(a) Plaintiff nos.1 to 5 claimed themselves to be promoters of the proposed Pateshwar Co-operative Housing Society. The plaintiffs claimed that the defendants agreed to sale the land bearing Survey no.42 (part) and CTS No.286 admeasuring 20,698.60 sq. mtrs. situated at village Hariali, Vikhroli, Mumbai (hereinafter referred to as ''the suit property''), in favour of the plaintiffs by executing an Agreement for Sale dated 18th July, 1978. The suit property was proposed to be purchased by the plaintiffs for construction of houses for 108 members of the proposed Pateshwar Co-operative Housing Society, the name of which came to be changed from, "Gurunagar Co-operative Housing Society".
(b) A notifcation under Section 4 and declaration under Section 6 of the Land Acquisition Act, to acquire the suit property were issued by the G
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