JUDGMENT :

SANDEEP K. SHINDE, J.

1. Plaintiffs, have filed this Appeal under Order 43 Rule 1(r) read with Section 104 of the Code of Civil Procedure, 1908, challenging the order dated 29th April 2021, by which the learned Judge, City Civil Court, Mumbai declined to restrain defendant no. 1 (developer) from making construction on Plot No. 391, at Motishah Cross Lane, Byculla, Mumbai.

2. Heard Mr. Pradeep Aggarwal, learned Counsel for the appellant; Mr. Girish Godbole, learned Senior Counsel for the Municipal Corporation and Mr. Prasad Dhakephalkar, learned Senior Counsel for respondent no. 1.

Factual matrix:

3. Plaintiff is a Co-operative Housing Society. It owns a building, situated at Plot No. C.S. No. 392, Motisha Cross Lane, Byculla, Mumbai. The defendant no. 1 is, the Developer/Owner of adjoining plot no. 391. Plaintiffs’ alleged, that the defendant no. 1 in collusion with Planning Authority, started constructing ground plus 15 floors building on Plot No. 391, as per development permission dated 15th April, 2020 which was void, being granted in breach of building regulations. Pl