JEETENDRA V.REDDY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against an order dtd. 13/2/2023, whereby the learned Judge, City Civil Court, declined to grant ad-interim relief in the Notice of Motion No.581 of 2023 taken out by the plaintiffs in Suit (St) No.1345 of 2023.

(2.) The plaintiffs are tenants of the building known as Pushpa Niwas standing on Plot No.1002 (Part) Dr. R. P. Road, Mulund (West), ("the suit building"). Defendant No.4 is the owner of the suit building. The plaintiffs assert defendant No.4 purchased the suit building in the year 2007 - 2008. Nine units in the said building are in the occupation of defendant No.4. The latter has failed to carry out tenantable repairs and refused to give permission to the tenants to carry out repairs at their costs.

(3.) In the month of October, 2022 the plaintiffs received an intimation dtd. 20/10/2022 annexing thereto a report of the Technical Advisory Committee ("TAC") of the Brihanmumbai Mahanagar Palika - defendant No.2 that the suit building is categorized in C-1 category for immediate eviction and demolition. Another notice dtd. 13/1/2023 was issued on behalf of defendant No.2 under Sec. 354 of the Mumbai Municipal Corporation Act, 1888 ("the Act, 1888") to vacate and pull down the suit building.