JUDGMENT :

1. This Appeal, by plaintiffs, preferred, under Order 43 Rule 1(r) read with Section 104 of the Civil Procedure Code (‘CPC’ for short), challenges the order dated 15th May, 2017 passed by the learned Judge, City Civil Court.

2. Briefly stated facts are like this; Petitioner is tenant Ownership Housing Society. Its’ members, have purchased their flats from M/s. Rahul Developments, a Promoter, of which defendant no.1, claims to have become the sole proprietor. The plaintiff instituted the, suit in November 2013, seeking decree to; (i) declare, its exclusive entitlement to consume and/or use a development potential, relatable to suit plots of land described in the Schedule, (ii) declare, that Intimation of Disapproval (IOD), dated 2nd March, 2005 issued by the Municipal Corporation alongwith approval to plans, concerning the building, “Bonaventure”, is nullity, fraudulent and contrary to the provisions of the Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1964 (“MOFA” for short) and Maharashtra Regional and Town Planning Act, 1966 and Development Control Regulations for Greater Mumbai, 1991; (iii) declare, that Commen