IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 223 OF 2019 Shri. Vitthal Laxman Patil …Appellant Thane (Ori. Plaintiff No.1)

Versus Kores (India) Ltd. & Ors.. …Respondents (Resp. Nos. 1 & 2 Original Deft.

Nos. 1 & 2 & Resp.3, Original Plaintiff No.2)

Mr. Ram Apte, Senior Counsel, Mr. Vaibhav Sugdare a/w Mrs. R.M.

Bagkar, Ms. Mamta Magare i/by Bagkar & Co. for Appellant.

Mr. Y.S. Jahagirdar, Senior Counsel a/w Mr. Sanjay Borkar, Ms.

Rashmi Telang i/by Mr. Jayesh M. Joshi for Respondent No.1.

Mr. Mandar P. Patil a/w Mr. Anurag H. Jadhav, Advocate for Intervenor.

Mr. Ajit Pitale a/w Mr. Siddharth Pitale for Respondent No.2- TMC.

CORAM: MADHAV J. JAMDAR, J.

DATED : 31^st JANUARY 2025 JUDGMENT.:

1. Heard Mr. Ram Apte, learned Senior Counsel a/w Mr. Vaibhav Sugdare, learned Counsel appearing for the Appellant, Mr. Jahagirdar, learned Senior Counsel along with Mr. Sanjay Borkar, learned Counsel appearing for Respondent No.1, Mr. Ajit Pitale, learned Counsel appearing for the Respondent No.2 and Mr.

Mandar Patil, learned Counsel appearing for the Intervenor.

2. The challenge in this Second Appeal is to the Judgment and Decree dated 20^th December 2014 passed by the learned 5^th Joint Additional Civil Judge, Senior Division, (T.M.C.), Thane in Regular Civil Suit No. 376 of 2010 as well as to the Judgment and Decree dated 14^th March 2016 passed by learned Principal District Judge, Thane in Regular Civil Appeal No.2 of 2015.

3. In the said Regular Civil Suit No.376 of 2010, the Appellants i.e. the Plaintiffs inter alia sought following reliefs:

“a. this Hon'ble Court be pleased to hold and declare that the Defendant/ Promoter is liable and duty bound to discharge his obligations under the provisions of the Maharashtra Ownership of Flats Act, 1963 and the Rules made thereunder towards the Plaintiffs;

b. this Hon'ble Court be further pleased to hold and declare that the Defendant No.1 by causing the unwarranted delay in formation of the operative housing society/ies or Apex Body co- or limited company, in respect of the buildings of the said Kores Nakshatra Complex, has committed breach of the provisions of Maharashtra Ownership of Flats Act, 1963. c. this Hon'ble Court be pleased to hold and declare that the acts of the Defendant No.2 in sanctioning the plans of construction of the additional building No.16 in the said Complex standing on lands bearing Survey No.146/1(P), 147/1B, 149/1B, 149/3, 150/6, 152/P, lying being and situated at Pokharan Road No.1, Revenue Village Panchapakhadi, Thane, or any portion thereof, without giving an opportunity to the Plaintiffs of being heard and without following due process of law, are bad, ultra-vires and illegal, and of no avail to the Defendant No.1;

d. this Hon'ble Court be pleased to direct and decree the Defendant No.1 to discharge their obligations by forming and registering the co-operative housing society/ies or co- limited company or apex body, of the buildings of the said Kores Nakshatra Complex and convey the property in favour of such Co-operative Society/ies or limited company or apex body, as the case may be;

e. this Hon'ble Court be pleased to direct and decree the Defendant No.2 to cancel and revoke the plans and specifications sanctioned / approved by them in favour of the Defendant No.1 for construction of the additional building No.16 or any other constructions in the said Complex, standing on lands bearing Survey No.146/1(P), 147/1B, 149/1B, 149/3, 150/6, 152/P, lying being and situated at Pokharan Road No.1, Revenue Village Panchapakhadi, Thane, or any portion thereof;

f. the Defendant No.1, their agents, servants, employees, contractors and/or any other person/s claiming through or under them be restrained by an Order of permanent perpetual injunction from commencing and/or carrying out the construction of the building No.16 or any other constructions in the said Complex or any portion thereof, either as per the said plans and/or specifications sanctioned by