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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

FIRST APPEAL NO.599 OF 2009

Fariyas Hotel Pvt. Ltd. ..Appellant

versus

Municipal Corporation of

Gr. Mumbai ..Respondent

Mr.A.A.Kumbhakoni i/b. M/s. Thakore Jariwala &

Associates for the appellant

Mr.Xavier for the respondent

CORAM : R.Y.GANOO, J.

DATE : 26^th JUNE, 2009.

P.C:

1. Appeal is admitted. Learned Advocate Mr.Xavier

waives service. In the peculiar facts and

circumstances of the case, the appeal is taken up

for final hearing and is being disposed of by

passing appropriate order.

2. The Corporation issued notice to the appellants

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under Section 53 of the MRTP Act in regard to

certain structure, which according to the

Corporation came to be constructed on the property

of the appellants. The appellants instituted Long

Cause Suuit No.2745 of 2003 in the City Civil

Court at Bombay challenging the said notice and

applied for appropriate reliefs. The learned Judge

of the City Civil Court gave opportunity to the

parties to place their respective case before the

Court and ultimately by judgment an