JUDGMENT

PRITHVIRAJ K.CHAVAN, J. - This appeal under Order 43 Rule 1(r) of the Civil Procedure Code arises from an order dismissing a Notice of Motion No. 1289 of 2020 in L.C. Suit No. 1087 of 2020 by the City Civil Judge on 24th December, 2020.

2. Facts, necessary for disposal of the appeal can be stated hereinbelow :-

3. The appellants are the joint tenants with one Hitesh Shantilal Doshi in respect of two adjacent premises bearing No. 202 and 204B in a corrugated sheets roof, C.I. shed of "L" shape admeasuring 39 (13 meters x 3 meters) sq. meters and 30.4 (8 meters x 3.80 metes) sq. meters in both limbs on iron pillars and walls of the building and compound wall on both sides situated at 170/A, 176, Jethwa Villa, 3rd Kumbharwada Lane (old North Brooks Street), Dr. Mahimtura Marg, Mumbai 400 004 (hereinafter referred to as "notice structure").

4. The respondent no.1 ' M.C.G.M. issued a Notice to the appellants bearing No. C/DOC/220/351/C76N01 dated 21st July, 2020 under Section 351 of the Mumbai Municipal Corporation Act (for short "MMC Act"). By the said notice, the appellants were intimated that they had erected an unauthorised notice structure adjoining to Jethwa Building, know