JUDGMENT - R.M. LODHA, J.:---The aforesaid two appeals are directed against the order dated 31-11-1994/1-12-1994 passed by the Bombay City Civil Court on the Notice of Motion No. 4539 of 1994 and, therefore, these two appeals have been heard together and are disposed of by this common order.

2. Ahmedmia Gulam Mohuddin Ahmedji, the original plaintiff and respondent No. 1 in both the appeals filed a suit against the original defendant No. 1 Municipal Corporation of Greater Bombay (respondent No. 2 in A.O. No. 1528 of 1994 and respondent No. 2 in A.O. No. 39 of 1995) and original defendants Nos. 2 to 31, some of whom are appellants in A.O. No. 39 of 1995, and, respondents Nos. 2 to 21 in A.O. No. 1528 of 1994 praying therein that it be declared that the construction erected on suit property i.e. City Survey No. 1/358, Matunga Division, Bombay described in plan at Exhibit-D to the plaint is unauthorised, illegal and liable to be demolished. The plaintiff also claimed the relief that defendants Nos. 2 to 31 be directed by mandatory order to remove or pull-down the aforesaid unauthorised construction and defendant No. 1 be directed to initiate and pursue appropriate action against defenda

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