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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHARMILA U.DESHMUKH
THE MUNICIPAL CORPORATION OF GR. BOMBAY – Appellant
Versus
Ganga Timmappa – Respondent
JUDGMENT :
SHARMILA U. DESHMUKH, J.
1. These group of Appeals are at the instance of Municipal Corporation of Greater Mumbai [for short, “MCGM”]-original Defendant No. 1 challenging the impugned judgment dated 23rd October, 2008 directing the Appellant to make available land to the Respondent No 1 as and when available on priority basis. The suits filed by the Respondent No. 1 also impleaded Mumbai Metropolitan Region Development Authority [for short, “MMRDA”] as Defendant No. 2.
2. With consent, First Appeal No. 1546 of 2010 arising out of L.C. Suit No 3354 of 2007 is taken as lead Appeal for factual clarity. Common submissions were advanced and the group of Appeals are being disposed of by this common judgment. For sake of convenience, the Parties are referred to by their status before the Trial Court.
FACTUAL MATRIX:
3. The case of the Plaintiffs in L. C. Suit No. 3354 of 2007 was that the Plaintiff was in use and occupation of Pitch Hut No 5 admeasuring 15’ x 10’ with height 9’ situated at Kokari Agar, Antop Hill, Wadala, Mumbai – 37. The Plaintiff was earlier occupying Hut No F/N/GA/44-7/7 admeasuring 261 square feet at Kokari Agar for which Pitch Holder Card was issued in the nam
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