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2012 Supreme(SC) 258

SUDHANSU JYOTI MUKHOPADHAYA, G.S.SINGHVI
Saroj Screens Pvt. Ltd. – Appellant
Versus
Ghanshyam – Respondent


Advocates appeared:
For the Appellants:Gagan Sanghi, Rameshwar Prasad Goyal, Advocates. For the Respondents:Shekhar Naphade, Ashok Shrivastav, Senior Advocates, Manish Pitale, G.K. Sarda, Chander Shekhar Ashri, Somnath Padhan, Satyajit A. Desai, Sanjay V. Kharde, Advocates.

Judgment :-

G.S. Singhvi, J.

1. Leave granted.

2. These appeals are directed against judgment dated 16.10.2009 of the Bombay High Court, Nagpur Bench whereby the writ petitions filed by respondent nos. 1 and 2 were partly allowed, Resolution dated 28.8.1991 passed by Municipal Corporation of the City of Nagpur (for short, 'the Corporation') for renewal of lease in favour of the appellant in respect of Plot No.5, Circle No.19/27, Division I, Old Sarai Road, Geeta Ground Layout, Nagpur as also sanction accorded by the State Government under Section 70(5) of the City of Nagpur Corporation Act, 1948 (for short, 'the Act') were quashed and a direction was issued to Civil Judge (Senior Division), Nagpur to decide Special Civil Suit No. 1135 of 1993 latest by 31.12.2010.

FACTS:

3. On an application made by Gopaldas Mohta (father of respondent No. 1 -Ghanshyam Mohta and father-in-law of respondent No. 2 - Smt. Kamla Devi), Municipal Committee of Nagpur (for short, 'the Committee') passed resolution dated 17.3.1944 for grant of lease to him in respect of the plot described herein above for a period of 30 years. In furtherance of that resolution, lease deed dated 28.10.1944 was executed in f











































































































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