JUDGMENT - V.C. DAGA, J. :---Heard learned Counsel for the parties. Perused record and proceedings. This appeal is directed against a judgment and decree passed by the Bombay City Civil Court, Mumbai on 30-8-2001, in L.C. Suit No. 6306/1984, whereby the suit has been dismissed under Order 15, Rule 1 of the Code of Civil Procedure ('C.P.C.' for short). The parties hereinafter, shall be referred to as arrayed in the original suit.

BACKGROUND FACTS

The facts necessary to appreciate rival contentions may be stated briefly:

2. The appellants/original plaintiffs, claiming to be the monthly tenants of respondent Nos. 2 and 3 (original defendant No. 2), in respect of the suit property, since prior to 1962, filed a suit on 31-8-1984 mainly against the defendant No. 1, challenging the notices issued under section 351 of the Bombay Municipal Corporation Act, 1988 ('Act' for the sake of brevity), directing removal and/or demolition of unauthorised structures alleged to have been constructed by the plaintiffs.

In the aforesaid suit, plaintiffs were protected by an ad-interim order of injunction till the dismissal of suit on 30-8-2001. If one turns to the order sheets of the suit, it would be clea

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