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2016 Supreme(Bom) 1369

SHALINI PHANSALKAR JOSHI
Mohd. Zuber Mohd. Yusuf Memon – Appellant
Versus
Municipal Corporation for Gr. Mumbai (A Body Corporate incorporated under the Provisions of BMC Act, 1889) – Respondent


Advocates Appeared:
For the Appellant : Mr. Virendra T. Dubey.
For the Respondent: Mrs. M.R. Bhoir.

JUDGMENT :

1. Admit.

2. With the consent of the learned counsel for the parties heard finally at the stage of admission itself.

3. This appeal is preferred against the order dated 31.08.2016 passed by the City Civil Court, Mumbai in Draft Notice of Motion in L.C. Suit No. 2058 of 2016 thereby refusing the ad interim relief as sought by the appellant for restraining the respondent-Municipal Corporation from taking any action in pursuance of the notice issued under Section 354-A of the MMC Act on 23.05.2016 and in pursuance thereof, the order passed by the Assistant Municipal Commissioner on 19.08.2016.

4. The case of the appellant is that, he is in possession of the suit premises consisting of Ground + two floors area admeasuring about 1800 sq. ft. bearing CTS Nos.925 and 937, Rambachan Singh Compound, Vinoba Bhave Nagar at Kurla (W), Mumbai-400 070. It is further his case that the said construction consists of B.M. wall with A.C. sheet roof. According to him, he has acquired said premises pursuant to the consent terms dated 11.02.2016, filed in Suit No. 1359 of 2012. It is his case that the said premises is in very same condition since inception and in existence since prior to 1976. Th
















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