JUDGMENT - ASHOK AGARWAL, J.:---Whether the Municipal Commissioner can set aside an order passed by the Deputy Municipal Commissioner dropping action of demolition under section 351 of the Bombay Municipal Corporation Act (hereinafter referred to as the 'Act') is the question posed for my decision.

2. The appellants are the original defendants who are the Municipal Corporation of Greater Bombay and its Administrator and the respondent is the original plaintiff. The present appeal seeks to challenge a judgment and order dated 17/21/22nd October, 1986 passed by His Honour Judge Shri R.J. Purandare in Notice of Motion No. 6232 dated 12th December, 1984 in Suit No. 7851 of 1984 whereby the Notice of Motion taken out by the plaintiff for interim injunction restraining the defendants from acting in pursuance of the decision of the Additional Municipal Commissioner dated 3rd December, 1984 and from demolishing the suit shop belonging to the plaintiff was made absolute. The shop in dispute is known as Bombay Arts situate at 274, S.V. Road, Bandra (West), Bombay 400 050. A few facts leading to the passing of the impugned order are as follows :

3. On 21st April, 1982 the Inspector of the defen

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