JUDGMENT :

N.J. Jamadar, J.

1. This suit is instituted, inter-alia, for a declaration that the plaintiffs are the owners of the lands bearing C.T.S. No. 1/190E (Old C.T.S. Nos. 1/202 (part) and 1/205) of village Oshiwara, Taluka Andheri, Mumbai Suburban admeasuring 10,924.3 square metres, forming part of Shree Swami Samartha Lay-out (hereinafter referred to as 'the suit property') and, conversely, the defendant Nos. 1 to 4 and 7 have no right, title and interest and therein and they be restrained by a decree of permanent injunction from encroaching upon or trespassing on any portion/part of the suit property.

2. Initially, the suit was instituted by Oshiwara Land Development Company Private Limited ("OLDC") as plaintiff No. 1, V.P. Mahahan (plaintiff No. 2), in his capacity of the Chief Promoter of Shree Swami Samartha Prasanna Co-operative Housing Society (Proposed), and Samartha Development Corporation, as plaintiff No. 3. Shri K.A. Patel, the then Chief Promoter of Shree Swami Samartha Prasanna Cooperative Housing Society (Proposed), Unit No. 151 to 250, was impleaded as defendant No. 1; Arkay Builders was joined as defendant No. 2; Lalitchandra L. Dholakia was joined as defendant