Megha

25_ao_335_2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO.335 OF 2022

WITH

INTERIM APPLICATION NO.2341 OF 2022

WITH

INTERIM APPLICATION NO.2344 OF 2022

IN

APPEAL FROM ORDER NO.335 OF 2022

Rajesh Ramharak Kanojia and Ors.

...Appellants

Versus

Municipal Corporation of Greater

Mumbai and Ors.

...Respondents

...

Mr. Vivek Shukla i/b. M/s. Shukla and Associates for the Appellants.

Mr. Ankur Shah i/b. Mr. Jatin Shah for the Intervenor.

Mr. Dharmesh Vyas i/b. Mr. R.Y. Sirsikar, for MCGM.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 5^th JULY, 2022.

P. C. :-

1.

Heard finally at the stage of admission.

2.

The Appellants, who shall be hereinafter referred to as the

Plaintiffs, have assailed order dated 26/10/2020 whereby the learned

Judge has dismissed the notice of motion in S.C. Suit No.3756 of

2020.

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Megha

25_ao_335_2022.doc

3.

The Plaintiffs claim to be the owners of the immovable

property bearing CTS No.4948, 4947 A/1, 4949, 4949/1 to 3 of village

Kolekalyan, Taluka Andheri Mumbai admeasuring 1086.97 sq. mtr.

The grievance of the Plaintiffs appears to be that the Respondent -

Corporation has