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2018 Supreme(Bom) 1111

SHALINI PHANSALKAR JOSHI
Rasraj Restaurant – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ashok Pande a/w Ms. Prachi Tatake.
For the Respondents: Mr. Narendra V. Walawalkar, Senior Council a/w Mrs., Madhuri More, Mr. Mayur Khandeparkar a/w Ms. Jayashri Manjrekar a/w Mr. Vikhil Dhoka a/w Ms. Shyli Shetty i/by Solicislex.

JUDGMENT :


1. Heard learned counsel for the appellant, learned Senior Counsel for the respondent-corporation and learned counsel for respondent Nos. 2 & 3.

2. Admit.

3. With the consent of learned counsel for both the parties, this Appeal is taken up for final hearing at the stage of admission itself.

4. This appeal takes an exception to the order dated 22nd April, 2014, passed by the City Civil Court, Dindoshi, Borivali Division, Mumbai, thereby dismissing the Notice of Motion No.362 of 2014 filed in L.C. Suit No.337 of 2014.

5. The said Notice of Motion was taken out by the appellant, seeking the relief of interim injunction, restraining the respondent Municipal Corporation from taking any action, much less that of demolition of the suit structure, in pursuance of the Notice dated 5.10.2013, and the order dated 30.01.2014, passed under Section 351 of the Mumbai Municipal Corporation Act, 1888, (for short, called as, “MMC Act”).

6. The case of the appellants is that they are in possession of the ground floor premises of the building known as “Bharat Bhavan”, situated at K.D. Road, Ville Pargel, Mumbai. Mr. Bharat Vyas was the original owner and respondent Nos.3 and 4 are the present own



















































































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