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 Municipal Corporation Act, 1888 (hereinafter referred to as 'said Act') for demolition of the Building No.4, situated on a plot bearing no.261 of Village Dahisar, Taluka Borivli, Mumbai. During the pendency of the said Suit, plaintiffs carried out amendment and also claimed declaration that the property on which the Suit building no.4 is constructed by them, is not affected by Coastal Zone Regulation. Prayer Clauses in the said Suit reads thus:

"(a) that the Defendants, their servants and agents be restrained by a permanent order and injunction of this Hon'ble Court from taking any steps under the said impugned notice dated 7th February, 1998 (Ex. "C" hereto) in respect of the said Building No.4 or otherwise taking any steps for demolition of the said Building No.4 situate, lying and being at Village Dahisar, Taluka Borivli bearing CTS No.261 of Village Dahisar or taking any action against the Plaintiffs in that behalf;

(a1) that the entire records and file containing papers/documents as maintained by the concerned Executive Engineer (Building Proposal) who is acting under the direct control of Defendant No.1 in respect of Suit Building, be called for and after verifying and examining and verifying the same, it may be declared that the property on which the Suit Building No.4 which is constructed by the Plaintiffs is not affected by the Coastal Zone Regulation.

(b) that pending the hearing and final disposal of the suit, the Defendants, their servants and agents be restrained by an interim order and injunction of this Hon'ble court, from taking any steps under the said impugned notice dated 7 th February 1998 (Ex. "C" hereto) in respect of the said Building No.4 or otherwise taking any steps for demolition of the said Building No.4 situate, lying and being at Village Dahisar, Taluka Borivali bearing CTS No.261 of Village Dahisar or taking any action against the Plaintiffs in that behalf.;

(c) for ad-interim reliefs in terms of prayer (b) above;

(d) for such further and other reliefs as the nature and circumstances of the case may require;

(e) for costs of the suit.

6. In the said Suit, the defendants filed written statement and opposed the reliefs claimed by the plaintiffs. On the basis of pleading of both the sides, the Trial Court framed following issues:

(1) Is it proved that it is necessary to restrain the Defendants from taking any action against the suit property in pursuance of the notice dated 7.2.1998 ?

(2) Is it proved that the suit is within limitation ?

(3) Is it proved that the suit is maintainable ?

(4) Is it proved that the suit is properly valued ?

(5) What is the final order ?