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HIGH COURT OF BOMBAY
N. J. JAMADAR, J
Fayzan Khan – Appellant
Versus
Superintendent of Land Records, Mumbai Suburban District – Respondent
| Table of Content |
|---|
| 1. application for leave to institute suit under section 91. (Para 1 , 2) |
| 2. arguments regarding public interest and collusion. (Para 6 , 7 , 8) |
| 3. scope and interpretation of section 91 cpc. (Para 10 , 11 , 12) |
| 4. public and private interest distinction. (Para 15 , 16) |
| 5. final ruling on the appeal. (Para 23 , 24) |
JUDGMENT :-
1. This Appeal under Section 104(1)(ffa) of the Code of Civil Procedure, 1908 (The Code, 1908) is directed against an order dated 4th February 2023 passed by the learned Judge, City Civil Court at Dindoshi (Borivali Division), Goregaon, Mumbai declining to grant leave to institute a suit under Section 91 (1)(b) of the Code, 1908.
2. Shorn of unnecessary details, the background facts can be stated as under:
2.1 The appellants-complainants claimed to be public spirited persons. They professed to espouse the cause of the public on account of alleged inaction on the part of the authorities in prohibiting the wrongful acts of Respondent- Defendant No.7.
2.2. The substance of the grievance of the plaintiffs, which allegedly affects the public, is that land bearing CTS No. 4957 and 4957/1 corresponding to Survey No. 295, Hissa No.6 situated at Village Kole-K
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