Judgment :

P. Sathasivam, J.

1) Delay condoned.

2) Leave granted.

3) This appeal is directed against the final judgment and order dated 10.02.2011 passed by the High Court of Judicature at Bombay in First Appeal No. 223 of 2009 whereby the High Court disposed of the appeal filed by the appellant herein with certain modifications in the judgment and decree passed by the trial Court in Notice of Motion No. 4026 of 2003 in L.C. Suit No.539 of 2002.

4) Brief facts:

(a) The appellant-Corporation is a public body duly enacted and formed for the benefit of public at large and to regulate and control the unauthorized construction carried out in the city of Mumbai. The respondents are the owners of the suit premises.

(b) On 17.04.1998, a notice bearing No. KW/036/AEM/OD under Section 314 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as ‘the MMC Act’) was issued to all persons who are in occupation of the Patra structures which are constructed on foot paths and streets situated near Empire House on Veera Desai Road, Last Bus Stop, Andheri (West), Mumbai directing to remove the said Patra Sheds etc. together with their belongings within two days. On failure to compl