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2022 Supreme(Bom) 434

S.J.KATHAWALLA, MILIND N.JADHAV
Rizvi Builders – Appellant
Versus
Arun Subrao Prabhu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. T.N. Subramanian, Mr. Akash Rebello, Mr. Prashant Dingrani, Mr. Anand Pai, Mr. Mahesh R. Mishra.
For the Respondents: Dr. Virendra Tulzapurkar, Ms. Lata Dhruv, Ms. Khyati Pandit.

JUDGMENT :

MILIND N. JADHAV, J.

1. These Appeals have been preferred against the Judgment dated 10th September, 2009 (the impugned Judgment) passed by the learned Single Judge of this Court in the captioned Suit filed by Dr. Arun Subrao Prabhu (Original Plaintiff)-hereinafter referred to as the ‘flat purchaser’ (the impugned Judgment). Appeal No. 523 of 2009 has been preferred by the Appellant-Rizvi Builders (Original Defendant No. 1 in the captioned Suit)-hereinafter referred to as the developer. Appeal No. 524 of 2009 has been preferred by the Original Defendant Nos. 2 and 3-M.M. Gulabani and Pushpa M. Gulabani in the captioned Suit hereinafter referred to as the Gulabanis. The flat purchaser is the Respondent No. 1 in both the above Appeals.

2. Prayer clauses (a), (ai) and (b) in the Suit are reproduced hereunder:

    “(a) That it be declared that the Agreement for Sale dated 6th March, 1980 between the Plaintiff and the Defendants, is valid, subsisting and binding on the Defendants.

(ai) That it be declared that the said Agreement for Sale dated 4th April, 1988 between the first Defendants and Defendant Nos. 2 and 3 is sheer bogus, invalid and not enforceable in law and not binding on t

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