JUDGMENT :

1. By this Appeal, Appellants challenge order dated 30 June 2023 passed by the City Civil Court rejecting Notice of Motion No.1278 of 2022 filed by the Appellants seeking temporary injunction to restrain the Defendants from acting on various clauses of the Development Agreement, restraining Defendant No.1 from handing over suit property to Defendant No.1 before completion of process of sub-division and to restrain Defendant No.2 from getting plans approved without rectification of the Development Agreement.

2. There are total 88 Flats/Commercial Units in the building which has been demolished in January 2022 after issuance of Notice under Section 354 of the Mumbai Municipal Corporations Act, 1888 issued by the Municipal Corporation for Greater Mumbai. Members of the Society have chosen Defendant No.2 as a Developer for carrying out redevelopment of the building in pursuance of the resolutions adopted by the General body of the Defendant No.1-Society. It is undisputed position that out of 88 members, 80 members have signed Development Agreement with Defendant No.2. Only 8 members, (Plaintiffs/Appellants) are averse to execution of Development Agreement on account of various