J.M. Malik, Presiding Member—M/s. Dhruv Park, the complainant, is a Co-operative Group Housing Society. M/s. Dhruv Constructions (Promoter / Partnership Firm) is the OP1. OP1 entered into a Development Agreement with M/s. City Life Developers, OP2, for the development of the project known as, “Dhruv Park”, consisting of different residential buildings. As per the agreement, OP2 was to construct a Ground + 24 Floor Building with a height of 82.2 mts., known as ‘Agarwal Trinity Tower’ on the disputed land, situated at Plot bearing CTS No. 334-A, 360, 361, 362, 577 of Village Valnai at Malad (W), as per the MCGM Building Plan dated 25.02.2003. Copy of the same has been placed on record as Annexure B.

2. In the year 2005, the OPs entered into an agreement for sale with the various flat purchasers in the said building, known as ‘Agarwal Trinity Tower’ and one of such agreement was executed with Mrs. Arunakshi S. Karkera. Copy of the said agreement for sale dated 24.06.2006 entered with Mrs. Arunakshi S. Karkera has been placed on record as Annexure C. The OPs handed over the possession of respective flats to various flat purchasers from March, 2008 onwards. A registered Society was