MUNICIPAL CORPORATION OF GREATER MUMBAI Vs. NIRMAL NAGAR 1 CO-OPERATIVE HOUSING SOCIETY ASSOCIATION LTD

JUDGEMENT

(1.) Heard Mr. N.V. Walawalkar, learned Senior Advocate for the Appellant - Original Defendant No. 1 and Mr. Sachin Kadam for Respondent No. 1 - Plaintiff.

(2.) This Appeal from Order is filed to challenge the order dated 09.03.2021 passed by City Civil Court, Dindoshi, Mumbai in Notice of Motion No. 5 of 2021 in S.C. Suit No. 7 of 2021, whereby the trial Court has made the said Notice of Motion absolute in terms of prayer clauses (a), (b) and (c). The prayer clauses (a), (b) and (c) of the Notice of Motion reads thus:-

(3.) By consent of the parties, the Appeal from Order is taken up for hearing. For the sake of convenience, we shall refer to the parties as they were referred to before the trial Court i.e Appellant will be referred to as Defendant No. 1, Respondent No. 1 herein will be referred to as Plaintiff and Respondent Nos. 2 and 3 will be referred to as Defendant No. 2 and Defendant No. 3 respectively.