2025:BHC-OS:15233 ppn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by PRACHI PRACHI PRANESH PRANESH NANDIWADEKAR NANDIWADEKAR Date: 2025.09.16 INTERIM APPLICATION (L) NO.15430 OF 2022

12:53:34 +0530 IN SUIT NO.273 OF 2021 Sudesh Gurudas Jotkar ) Age- 55, Occ. Service ) R/o. 11, Gurukrupa, Nav Kanjur Co-op. ) Hsg. Society, Damale Colony, ) Bhandup (E), Mumbai – 400 042. )

And )

60 Others ) ….Applicants In the matter between Nitin Chandrakant Patel ) A senior citizen of India, ) aged 69 years, being the sole proprietor ) of M/s. Mahalaxmi Land Development ) residing at 501 & 502, Pran Ashish CHS Ltd. Seven Bungalow, Versova, )

Andheri (West), Mumbai – 400 061. ) ….Plaintiff Versus

1. Pariwar Co-operative Housing ) Society Limited, a society registered ) under the provisions of the Maharashtra) Co-operative Societies Act, 1960, under )

Registration No. BOM/WS/HSG/(TO) ) 8668-2001 having its address at Nehru ) Nagar, P. Godbole Marg, Kanjur (East), ) Mumbai – 400 042 ) 2. Mr. Vasant Shinde, ) Chairman of Pariwar Co-operative ) Housing Society Limited, having its ) address at Nehru Nagar, P. Godbole Marg) Kanjur (East), Mumbai – 400 042 ) 3. Mr. Jaywant Patil ) Secretary of Pariwar Co-operative ) Housing Society Limited, having its ) address at Nehru Nagar, P. Godbole Marg)

Kanjur (East), Mumbai – 400 042 ) .…Defendants ______________________________________________________

Mr S. S. Bedekar a/w Mr. M. Limaye for the applicants.

Mr. Rohaan Cama a/w Mr. Amod, Ms. Ayushi and Mr. Mohit Goyal i/by Wadia Ghandy & Co. for the Plaintiff.

Mr. Vatsal Shah i/by Mr. Abhishek Patil for the defendants.

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CORAM : Jitendra Jain, J.

Reserved on : 12 September 2025 Pronounced on : 16 September 2025 Judgment :-

1. This interim application has been filed by 61 applicants praying for a direction against the plaintiff to add them as defendants in the suit.

Brief Facts :-

2. In Suit No.273 of 2021, the prayers of the plaintiff is against defendant no.1- society for executing the conveyance and the possession of the plot of land admeasuring by 5412 sq. mtrs. bearing CTS No.1196-E situated at Village Kanjur, Taluka Kurla, Mumbai. The prayer in the main suit is based on an agreement dated 16 April 2003 executed between the plaintiff and defendant no.1- society (2003 agreement). The said agreement was inter alia with respect to the development of property reserved for District Centre bearing property CTS No .1196-B and 1196-E being Primary School Property. As per this agreement the plaintiff was to develop and construct 500 flats for defendant no.1 society and hand over the same. In addition to handing over of 500 flats the plaintiff was supposed to make some payment. Both these obligations have been discharged by the plaintiff. The applicants are not the parties to the 2003 agreement.

3. As per Clause 11 of the 2003 agreement between the plaintiff and defendant no.1, it was agreed that the plaintiff would be entitled to deal with and/or dispose of the plots inter alia Plot No.1196-E on paying the consideration as mentioned therein. There is no dispute that the payments specified in this clause have been made by the plaintiff to defendant no.1. There is also no dispute that the plaintiff has handed over 500 flats as per the 2003 agreement to defendant no.1.

4. As per Clause 17 of the 2003 agreement, it was agreed between the plaintiff and defendant no.1 that the defendant no.1-society shall not claim over the two plots reserved for District Center and Private School (1196-B and 1196-E) and the plaintiff shall be entitled to deal with and/or dispose of the same after paying the consideration as mentioned in Clauses 1 and 11. There is no dispute that the consideration mentioned in Clauses 1 and 11 has been paid by the plaintiff. 5. The present applicants have pressed their prayer for intervention based on paragraph 8 to 13 of the application. Paragraph 8 records the litigat