ANOOP V.MOHTA
Municipal Corporation of Gr. Bombay – Appellant
Versus
Laxman Mahadeo Mohite – Respondent
None for the Respondent. The Appeal is against Order dated 5 February 2005 whereby the Judge of the City Civil Court, held three officers of the Appellant/Corporation, guilty for breach of injunction order and thereby punished for one month civil imprisonment and also imposed fine of Rs.2500/- each. By the same order, permission was granted to the Plaintiff/Respondent to re-erect the structure if already demolished, though there is a statement made that the suit structure is “re-erected and reconstructed and the structure is in existence today”. The same position stands today. It is relevant to note that the basic Suit was filed in view of the issuance of notice under Section 351 of Mumbai Municipal Corporation Act, 1888. However, liberty was granted and after following the due procedure on 22 April 1998, the structure was demolished. The injunction was obtained by the Plaintiff on 5 January 1999 by suppressing the fact of demolition. The Plaintiff unable to produce the court papers at the time of basic action. The exact location of the structure was never placed on record. The Suit itself was for restrainment order against the Corporation from demolishing the suit s
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