AKSHAY H. MEHTA, J.

( 1 ) ADMIT. At the request of learned Advocates appearing for the appellant and respondent, the matter was taken up for final hearing on 3rd April, 2006 and it was kept for C. A. V. judgment, which I now propose to deliver as under :

( 2 ) APPELLANT is the original plaintiff of Civil Suit No. 277 of 2003 pending on the file of the learned City Civil Judge, Ahmedabad. The suit is filed for declaration and permanent injunction. The appellant has challenged the notice served on it by respondent under Sec. 260 (1) and (2) of the Bombay Provincial municipal Corporations Act (hereinafter referred to as the Act ) on the ground that the said notice is illegal and without any justification and prayed for declaration to that effect. The appellant has also prayed for permanent injunction to restrain the officers of respondent Corporation from demolishing the property developed by the appellant, which is situated in Ward Kalupur - 3 known as bababhai Atmaram s Chawl, bearing Survey Nos. 2697, 2696, 2695, etc. (hereinafter referred to as the suit property ). According to the appellant, there is immovable property bearing Survey No. 4441 also which is occupied by tenants. Th

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