JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---The appellants, who are the original plaintiffs in a suit instituted before the City Civil Court, impugned in the suit a notice dated 7th March, 1998 issued under section 351 of the Bombay Municipal Corporation Act, 1888 and an order dated 25th June, 1998, passed by the Deputy Municipal Commissioner. Besides praying for declaration that the notice and the order of the Deputy Municipal Commissioner are contrary to the law, the appellant sought an injunction restraining the respondents from enforcing the notice and the order in or open the suit premises described as consisting of "Garage and the so called upon space approximately 680 sq.ft. area, made up of B.M. walls and A.C. Sheet roof together with the loft".

2. Briefly stated, the appellants case is that from 25th February, 1988, they are carrying on business as partners in an unregistered firm from the premises in question, which consist of garage No. 1 situated in the precincts of a plot belonging to the Kalamandir (Khar) Co-operative Housing Society Limited, situated at 635, P.D. Hinduja Marg, Mumbai 400 052. The plot of land in question is Final Plot No. 635 of Town Planning Scheme III, B

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