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2013 Supreme(Bom) 2565

ANOOP V.MOHTA
Vardhaman Sthanakvasi Jain Shravak Sangh – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocate Appeared
For the Appellant:Jai Chinai, Senior Advocate with Astha, Y.M. Chaudhari i/by M. Reena Salunkhe, Chhedda, Advocates.
For the Respondents:R1 & R2, Ms. Yamuna Parekh, R3, Iqbal Chagla, Senior Advocate with S.S. Pakale, Senior Advocate with Shishir Joshi i/by Swapna Rupwate, R4, Aspi Chinoy, Senior Advocate, Pravin Samdhani, Senior Advocate with Aniruddha Joshi, A. Gokhale, Satyen Vora, Ms. Pratiti Naphade, Atul Kshatriya, i/by M/s. Markand Gandhi & Co., Advocates.

JUDGMENT

Heard finally at the stage of admission in view of urgency expressed by the parties.

2. The Appellants/original Plaintiffs have challenged impugned order dated 30 November 2013 passed by the learned judge, City Civil Court, Greater Mumbai. The operative part of the order is as under:

“1. Notice of Motion No. 1396/2010 is hereby rejected.

2. Notice of Motion No. 3339/2013 is hereby allowed.

3. No order as to costs.

4. Notice of Motion Nos. 1396/2010 and 3339/2013 stand disposed off accordingly.”

3. Notice of Motion No.1396/2010 is filed by the Appellants/original Plaintiffs (First Motion). Notice of Motion No.3339/2013 is filed by the Developer/applicant (Second Motion).

4. The relevant prayers in Second Motion was as under:

“(a) this Hon'ble Court be pleased to vacate the order dated 16th June 2010 read with orders dated 19th October 2010.”

5. The learned Judge on 16.06.2010 passed the order of status-quo.

The relevant part was as under :

“At this prima facie stage it is clear that entire structure of the plaintiff Trust has been demolished by the corporation. Even it is submitted at bar by Mr. Gandhy that material of construction after demolition has been almost removed by the corpor





















































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