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1998 Supreme(Online)(Bom) 3

BOMBAY HIGH COURT
, J
Mulji Umershi Shah – Appellant
Versus
Paradesia Builders Private Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr. K. K. Singhvi
For the Respondents: Mr. Iqbal Chagla, Mr. V.R. Manohar, Shri M.M. Sakhardande

1. This group of six appeals arises out of the order passed by the City Civil Court, Bombay on 2nd November, 1996 in Notice of Motion No. 2608 of 1996 in Suit No. 2784 of 1996.

2. The facts have been stated in details in the impugned order and, therefore, I would recapitualate briefly the essential and necessary facts for disposal of these appeals only.

3. The disputed property comprises of gala Nos. 1, 48, 68, 15, 16, 17, 18, 26 on the ground floor, all galas on the entire first floor and gala Nos. 201, 216 to 226 on the 2nd floor of Bezzola Commercial Complex, Sion Trombay Road, Chembur, Mumbai. Mulji Umershi Shah, the plaintiff and appellant in Appeal No. 39 of 1997 filed a suit before the City Civil Court on 24th May, 1996 initially impleading the State of Maharashtra, Paradesia Builders Private Limited and the Municipal Corporation for Greater Bombay as defendants Nos. 1 to 3 respectively. Thereafter the defendants Nos. 4 to 24 have been impleaded in the suit. The crux of plaintiff's relief in the suit was that defendant No. 2 Paradesia Buildings Private Limited is not entitled to dispossess the plaintiff or interfere and / or disturb his possession in respect of the suit premis
















































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