ABDUL AZIZ Vs. MUMBAI METROPOLITAN REGIONAL DEVELOPMENT AUTHORITIES

JUDGEMENT

(1.) Admit. Learned counsel for the Respondents waive service. Heard learned counsel for the parties. The appellant had already filed a compilation of documents for consideration of this Court. By consent of the parties, the matter is accordingly heard finally.

(2.) This appeal is directed against the Judgment and Order dated 17th July, 2013 passed by the Trial Court dismissing the suit filed by the appellant. The appellant seeks relief of declaration that the respondents have forcibly and unlawfully without prior permission of the concerned authorities demolished the compound wall and barbed wire fencing around the suit property described in prayer clause (a) of the plaint admeasuring 41,370.70 sq.meters situated at CTS Nos. 8A and 8B at Parigh Khadri, Taluka Andheri, B.S.D., L.B.S. Marg, Kurla W), Bombay-400 070. The appellant also prayed for declaration that the appellant was entitled for restoration of compound wall and barbed wire fencing. The suit was resisted by the respondents.

(3.) It was the case of the appellant (original plaintiff) that the appellant had purchased the suit property by an agreement for sale dated 22nd September, 1958 admeasuring 10,500 sq. mtrs. for consideration. It was the case of the appellant that name of the appellant was recorded and reflected in the revenue records and CTS Nos. 8A and 8B were also reflected in the enquiry register. On 5th August, 2003, the appellant filed a Suit before the City Civil Court, Bombay.