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2001 Supreme(Bom) 924

A.M.KHANWILKAR
Qari Mohammed Zakir Hussain & others – Appellant
Versus
Municipal Corporation of Greater Mumbai & others – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---This appeal takes exception to the order passed by the Bombay City Civil Court, Bombay dated March 29, 2001 in L.C. Suit No. 7567 of 2000.

2. The only question that arises for consideration in the present appeal is whether the trial Court was justified in returning the plaint as presented by the appellants plaintiffs on the ground that the same was barred by section 42 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as "the Act of 1971").

3. Briefly stated, the appellants herein filed a suit before the Bombay City Civil Court at Bombay. Appellant No. 1 claims to be the Chief Promoter of appellant No. 11 Co-operative Society, whereas appellant Nos. 2 to 10 claim to be the promoters of the said society.

4. The appellants seek to espouse the cause of about 350 hutment dwellers who were residing in land bearing City Survey No. 1582, Vile Parle (West), Andheri, Mumbai, till recently upto May 13, 2000. The said land admeasures about 21015. 70 square mtrs. It is not in dispute that the said land is owned by the respondent Corporation. According to the appellants, by virtue of the provisions of the A







































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