MANSUKHLAL NAROTTAMDAS KOTHARI Vs. COMMISSIONER

JUDGEMENT

(1.) These Appeals are directed against an order dtd. 16/4/2022 passed by the learned Judge, City Civil Court, Greater Mumbai in Notice of Motion No.930 of 2019 in L.C.Suit No.938 of 2019, whereby the Notice of Motion taken out by the Appellants-Plaintiffs to restrain the Municipal Corporation, Greater Mumbai - Respondent No.1-Defendant No.1 from taking action in pursuance of the Notice dtd. 8/2/2019 issued under Sec. 354 of the Mumbai Municipal Corporation Act, 1888 ( 'the Act, 1888 ') and demolishing the building known as 'Amrut Kunj ' consisting of ground plus four floors, comprising 27 tenements ( 'the suit building ') came to be dismissed.

(2.) For the sake of convenience and clarity, the parties are hereinafter referred to in the capacity in which they are arrayed before the trial court.

(3.) The background facts can be stated in brief as under :