JUDGMENT

R. D. Dhanuka, J. - By First Appeal No. 1642 of 2012 filed by the appellants (original defendant nos. 1 and 2), the appellants have impugned the judgment and award dated 12th September, 2012 passed by the learned Judge, City Civil Court, Mumbai in S.C. Suit No.1642 of 2009 thereby decreeing the suit filed by the respondent no.1 and declaring the agreement dated 28th December, 1993 as bad in law, null and void and stood cancelled to the extent of the 'sale of portion of terrace' and directing the appellants to handover the possession of the alleged common terrace is concerned.

2. First Appeal No. 31 of 2006 is filed by the appellants (original defendants nos. 5 and 6) inter-alia impugning the judgment and order dated 28th October, 2015 passed by the learned Judge City Civil Court, Mumbai in L.C. Suit No. 1543 of 2009 thereby partly decreeing the suit filed by the respondent no.1 (original plaintiff) by cancelling and setting aside the regularization order passed by the respondent nos. 2 to 5 (Municipal Corporation of Greater Mumbai and others) in respect of the suit structure and directing the respondent nos. 2 to 5 to take appropriate action against the appellants by follow