Page 1

JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3917 OF 2013

(Arising out of S.L.P. (C) No. 10064 of 2012)

Mashyak Grihnirman Sahakari

Sanstha Maryadit

……Appellant

vs.

Usman Habib Dhuka & Ors.

….Respondents

J U D G M E N T

M.Y.EQBAL,J

.

Leave granted.

2.

This appeal is directed against the order dated 14^th

February, 2012 of the High Court of Judicature at Bombay in

Writ Petition No. 130 of 2012 whereby the order dated 3^rd

December, 2011 passed by the learned Judge of City Civil

Court, Dindoshi, Goregaon, Mumbai was set aside and the

plaintiffs (respondent Nos. 1 to 3 herein) were permitted to

amend the plaint.

1

Page 2

JUDGMENT

3.

The facts of the case are that the plaintiffs are

allegedly the members of the appellant – a Co-operative

Housing Society (defendant No. 1 in the suit) (in short “the

Society”) which had entered into a development agreement

in the month of November 2006 with Respondent No. 4 M/s.

Universal Builders (in short “the Developer”) in respect of

the development of the Society’s property. The plaintiffs

challenged the