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2016 Supreme(Bom) 95

R.D.DHANUKA
Mohd. Ismail Gulam Shaikh – Appellant
Versus
Municipal Corporation of Gr. Mumbai – Respondent


Advocates:
Advocate Appeared:
Mr.D.H. Mehta with Ms.A. Castellino i/b Mr.Bruno Castellino and Mr.P.R. Yadav for the Appellant.
Mr.R.A. Thorat, Senior Counsel with Mr.S.K. Sonawane and Mr.A.V. Diwate for the Respondent No.1 – B.M.C.
Mr.S.U. Kamdar, Senior Counsel i/b Mr.Alok Bagla for the Applicant in Civil Application No.1334 of 2015.
Mr.Rajesh Bindra for the Applicant in Civil Application No.91 of 2016.

JUDGMENT :

1. By this appeal from order, the appellant has impugned the order passed by the learned trial Judge on 2nd January, 2015 refusing to grant ad-interim relief in favour of the appellant (original plaintiff) in the notice of motion inter-alia praying for an injunction against the Municipal Corp[oration (original defendants) from acting upon or from taking any steps pursuant to the notice dated 16th December, 2014 issued under section 55 of the M.R.T.P. Act, 1966 as against the plaintiff and the suit premises being 43-45, Mathuradas Estate Chawl, Ground Floor, Behind Apollo Floweriest, Causeway, Colaba, Mumbai 400 005.

2. Mr.Mehta, learned counsel appearing for the appellant invited my attention to various averments made in the plaint and the documents annexed to the plaint and submits that the impugned structure, which was the subject matter of the notice issued under section 55 of the M.R.T.P. Act is in existence since 1961-1962 and the appellant has been carrying on business in the said premises since then. He submits that since the structure in question was not a temporary structure, notice itself issued under section 55 of the M.R.T.P. Act by the Municipal Corporation wa



























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