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2006 Supreme(Bom) 1202

A.M.KHANWILKAR
Saurashtra Vanza Gnyati Yuvak Mandal – Appellant
Versus
Municipal Corporation of Gr. Bombay – Respondent


KHANWILKAR A.M., J.: - Heard Counsel for the parties. Perused the relevant documents and pleadings on record.

2. This petition is to initiate action against respondents 2, 3 and 4 for having committed wilful breach of the order passed by this Court dated 14th July 2005. Briefly stated, the Corporation issued notice under section 299 of the Mumbai Municipal Corporation Act in respect of the disputed structure. That action was challenged by the petitioners by way of Suit being Suit No. 2993 of 200 1 before the City Civil Court. The said Suit came to be dismissed on 12th July 2005. The petitioners prayed for stay to enable the petitioners to take up the matter in Appeal. However, that prayer was rejected by the trial Court. The petitioners accordingly rushed to this Court and filed First Appeal being First Appeal (Stamp) No. 16139 of 2005 on 13th July 2005. However, as there was no interim protection in respect of the suit structure, the officials of the Corporation proceeded to demolish the same on 13th July 2005. In this backdrop, the petitioners moved Civil Application (Stamp) No. 16287 of 2005 before this Court placing on record that the concerned Officials have demolished the suit





























































































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