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2016 Supreme(SC) 1497

A.K.SIKRI, A.M.SAPRE
Mohamed Hussain Gulam Ali Shariffi – Appellant
Versus
Municipal Corporation of Greater Bombay – Respondent


Advocates Appeared:
For the Appellants : Shyam Divan, Mrs Rachna Gupta, Anil Kumar Singh.
For the Respondents: Ms. Firdaus Moosa, Purushottam Sharma Tripathi, Mukesh Kumar Singh, Ravi Chandra Prakash, L. Nidhi Ram Sharma.

JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 16.11.2016 passed by the High Court of Judicature at Bombay in Writ Petition No. 11707 of 2014 whereby the High Court dismissed the writ petition filed by the appellant herein.

3. Facts of the case lie in a narrow compass so are the issue involved in the appeal, a short one. It would, however, be clear from the facts mentioned infra.

4. The appellant is the plaintiff whereas respondent No. 1 is defendant No. 1 and respondent Nos. 2 and 3 are sought to be added as defendant Nos. 2 and 3 at their instance in the suit filed by the appellant against respondent No. 1.

5. The appellant has filed a suit against respondent No. 1 wherein the challenge is essentially to the notice dated 17.05.2013 issued by respondent No. 1 (Municipal Corporation of Greater Bombay) under Section 351 of the Mumbai Municipal Corporation Act, 1888 (for short "the Act"). In the notice impugned in the suit, the main grievance of respondent No. 1 is that the plaintiff has made some unauthorized construction in the building in question known as Haroon Manzil, Ground Floor, 354 S.V. Patel Road, Mumbai (h
















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