Judicature at Bombay (Appellate Jurisdiction), five are at theinstance of the original plaintiff and the other two are by theparties, who were not parties to the proceedings before theHigh Court or the trial court but they are aggrieved by thefindings recorded by the High Court as they claim that thesefindings are affecting their rights.
:2.Few important questions of law arise in this group of appeals. It will be convenient to formulate the questions after we set out the material facts and the contentions of the parties.The narration of brief facts from S.C. Suit No. 1767 of 2004 willsuffice for consideration of these appeals. NahalchandLaloochand Private Limited is a Private Limited Company. As apromoter, it developd few properties in Anand Nagar, Dahisar (East), Mumbai and entered into agreements for sale of flatswith flat purchasers. The flat purchasers are members of Panchali Co-operative Housing Society Ltd. (for short, ‘theSociety’). The promoter filed a suit before the Bombay City CivilCourt, Bombay for permanent injunction restraining the Society