( 1 ) RULE. Rule made returnable forthwith by consent of the parties.

( 2 ) THE petitioner is the original plaintiff. He is a practicing advocate. He is appearing in person. Respondent 1 is the Municipal Corporation of Greater mumbai (for short "the Corporation" ). Respondent 2 is one Mangesh Shripad sanzagiri, who is the Secretary of Shri Sai Niketan Co-operative Housing Society limited (for short, "the said society") situated in CTS No. 236, Plot No. 9, S. V. P. Road, Ground floor, Survey No. 22, Borivali (West), Mumbai - 400103.

( 3 ) THE facts which are necessary to understand the controversy may be shortly stated as under : the petitioners brother is the member of the said society. Flat No. 1 on the ground floor of the said society stands in his name. The Corporation issued a notice under section 351 of the Bombay Municipal Corporation Act (for short, "the said Act") calling upon the petitioner to demolish the alleged unauthorised structure being front portion of hall, admeasuring 12 x 4 x 9. 6, ground floor of Flat no. 1, Shri Sai Niketan CHS Ltd. , CTS No. 236, Hissa No. 2, Plot No. 9, Survey no. 22, Madonna Colony, S. V. P. Road, Borivali (West), Mumbai-400103.

( 4 ) IT is

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