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2013 Supreme(Bom) 2201

A.P.BHANGALE
Noor Mohd. Shami Shaikh – Appellant
Versus
Maharashtra Housing & Development Board – Respondent


Advocates Appeared:
For the Appellants:Y.E. Mooman i/b. Manisha Gawde, Advocates.
For the Respondents:R2, Mrs. Geeta Joglekar, R4, Y.S. Naidu, Advocates.

JUDGMENT :

1. These appeals are directed against common order dated 6.2.2013 passed by learned City Civil Judge, Mumbai, in Chamber Summons No.784 of 2011 and Chamber Summons No.1317 of 2012 in L.C.Suit No.2145 of 2009, whereby, learned Judge held that the plaint in L.C.Suit No.2145 of 2009 is bound to be rejected under Order 11 Rule 7(d) of the Code of Civil Procedure on the ground that pre-suit statutory notices as mandatorily required under Section 527 of Mumbai Municipal Corporation Act, 1888, and as required under Section 164 of the Maharashtra Co-operative Societies Act, 1960, as required according to law, were not issued and served upon the Public Authorities namely Municipal Corporation of Greater Mumbai (MCGM) and Registrar of the Co-operative Societies.

2. It appears that the plaint in the L.C.Suit No.2145 of 2009 contained averments in respect of Development Control Regulations issued by the Planning Authority i.e. MCGM. According to plaintiffs, Maharashtra Housing and Area Development Authority (MHADA) is a body responsible for development of housing. According to plaintiff, defendant no.2 MCGM is owner of plot of land bearing C.T.Survey No. 1589, Byculla Division, whil


































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