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2001 Supreme(Bom) 382

V.C.DAGA
Adam A. Sorathia & another – Appellant
Versus
Municipal Corporation of Greater Bombay & another – Respondent


JUDGMENT - V.C. DAGA, J.:---This revision application is directed against the order dated 25th January, 1999 passed by the Judge, City Civil Court, Bombay in Chamber Summons No. 1577 of 1998 in L.C. Suit No. 1549 of 1995 whereby chamber summons was dismissed and prayer to join the applicants as party defendants to the suit was turned down.

FACTS IN BRIEF

2. The facts giving rise to the present revision application, in nut shell, are as under :-

The applicant No. 1 is the managing trustee of applicant No. 2 Trust, duly registered under the Bombay Public Trust Act. Applicant No. 2 is the Owner of 'Sabri Chawl' in which respondent No. 2/original plaintiff is occupying shop No. 10 as sub-tenant of the applicants.

3. The respondent No. 1, is the Bombay Municipal Corporation and, had issued notice dated 2nd January, 1995, under section 351 of the B.M.C. Act to the respondent No. 2 in respect of alleged illegal and unauthorised extension of the shop premises and thereafter passed order dated 1st March, 1996 directing the removal and demolition of the said illegal extension of the shop.

4. The respondent No. 2/plaintiff has challenged the aforesaid notice and order passed in pursuance thereof





























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