shri. Vitthal Laxman Patil vs Kores (india ) Ltd Real Estate Division mumbai and ors

Judgment text excerpt

1 SA 223.2019.DOC 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 : 31st 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. Page 1 of 83 Dusane/Vaibhav 1 SA 223.2019.DOC 2. The challenge in this Second Appeal is to the Judgment and Decree dated 20th 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 14th 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