The Real Coop. Group Housing Society vs Mcd on 19 December, 2025
5. Further, the appellant after the impugned order 30.07.2012 got the
regularization application reopened which was subsequently rejected on
06.04.2018 and is a separate and new cause of action. The judgment
relied upon by ld counsel for the appellant is not applicable to the facts of
this case as in that case the Hon'ble High Court moulded the relief only
because during the pendency of the case flats were constructed in the
property and out of those flats five were directed to be given to the
plaintiffs. The flats were not in existence when the suit was filed and
were built during trial. In those facts the relief was moulded by Hon'ble
High Court but the cause of action remained the same which was
granting lease by Bombay Municipal Corporation to defendant no. 2 in
that suit.