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2017 Supreme(Bom) 1964

R.M.SAVANT, SANDEEP K.SHINDE
Municipal Corporation of City of Thane – Appellant
Versus
Mukesh Ramful Gupta – Respondent


Advocates Appeared:
For the Appellant :Mr. N.R.Bubna, Advocate
For the Respondent:Ms. Gauri Godse, Advocate

JUDGMENT :

Sandeep K. Shinde, J.

The Thane Municipal Corporation Original Defendant in the Suit has preferred this First Appeal against the judgment and decree dated 10.3.2005 passed by the Civil Judge Senior Division, Thane in the Special Civil Suit No.647 of 1995.

2. Facts in brief of the suit are as follows:

Plaintiff is the owner of the suit land bearing Tika No.2 City Survey No.307 admeasuring 222.41 sq.mtrs. and City Survey No. 308 admeasuring 15.89 sq.mtrs. situated opposite Ashok Talkies near S.T.Stand, Gokhale Road, Chendani, Thane, known as Gupta Estate/House (Hereinafter referred to as 'Suit Property/Plot').

The suit property was purchased by the Plaintiff under registered deed of conveyance on 2.3.1978. It was occupied by the tenants on monthly rent for business/residential purposes. On 14.12.1987, the Special Land Acquisition Officer, Thane informed the Plaintiff about a portion of the land, the Corporation intended to acquire for road widening project. The Thane Municipal Corporation thus, demolished the part of the building and acquired part of the suit plot for road widening project. It is the Plaintiff's case that before demolition of the building, there were several ne










































































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