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2019 Supreme(Bom) 1412

K.K.TATED
Municipal Commissioner of Municipal Corporation of Greater Bombay – Appellant
Versus
Vardhman & Hiranandani Developers – Respondent


Advocates:
Advocate Appeared:
B.M. Chatterji, Adv., Vishesh Srivastav, Adv., Kavita Singh, Adv., Shital Mane, Adv., S.U. Kamdar, Adv., Vatsal Merchant, Adv., Abhishek Bhadang, Adv., Sharad Wakchoure, Adv.

JUDGMENT :

K. K. TATED, J.

1. Heard the learned counsel for the parties.

2. First Appeal No.849 of 2019 filed by original plaintiffs challenging the judgment and decree dated 17.6.2014 passed by Bombay City Civil Court at Dindoshi, Borivali Division, Mumbai in L.C.Suit No.2450 of 2003 and First Appeal No.165 of 2015 filed by the Municipal Corporation of Greater Bombay original defendants challenging the same judgment and decree.

3. For the sake of convenience, the nomenclature of the parties will be referred to as stated in the Suit i.e. appellant in First Appeal No.849 of 2019 as plaintiffs and respondent as defendants and appellant in First Appeal No.165 of 2015 as defendants and respondent as plaintiffs.

4. Plaintiffs filed their written submission on 17.10.2019.

5. In the present proceeding, plaintiffs filed Suit No.2450 of 2003 before the Bombay City Civil Court at Dindoshi, Borivali Division, Mumbai for a permanent order and injunction against the defendants Corporation, from taking any action under notice dated 7.2.1998 issued by them under section 354A of the Mumbai Municip

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