INDRA BIHARI SUKHEJA Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) This appeal is directed against an order passed by the learned Judge, City Civil Court, in Notice of Motion No.902 of 2019 in LC Suit No.595 of 2019, whereby the Notice of Motion taken out by the appellant - plaintiff, to restrain the respondent - defendant/Corporation from taking action on the basis of a notice issued under Sec. 351 of the Mumbai Municipal Corporation Act, 1888 ("the Act, 1988") dated 23 rd January, 2019 and speaking order dtd. 19/2/2019 and demolishing the Shop No.112 Sweety Cloth Store, situated at Gandhi Bazar, Chembur Colony, Mumbai ("the suit premises") came to be dismissed.

(3.) For the sake of convenience and clarity, the parties are hereinafter referred to in the capacity in which they are arrayed before the City Civil Court.