SARINA ESMERALDA LOPEZ Vs. VIJAY GOVERDHANDAS KALANTRI

JUDGEMENT

(1.) The revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure is invoked against the order dated 22/3/2013 passed by the learned Judge of the City Civil Court, (Borivali Division), Dindoshi thereby adjudicating upon the preliminary issue which is to the following effect:

(2.) The factual matrix involved in the above Civil Revision Application can be stated thus :

(3.) The said notice was replied to by the Plaintiff vide his letter dated 24/4/2012. He contended that he had not carried out any development as alleged. It was contended that the wall was constructed by the Developer, and that the Plaintiff was a bonafide purchaser of the Flat No.2 along with the enclosed open space. It is the case of the Plaintiff that the said reply was not considered and two days prior to filing of the suit, some persons posing to be officers of the MMC attached to the "H" ward of the MMC visited the suit premises and gave a threat to the Plaintiff that the said premises would be demolished. It is the case of the Plaintiff that as there is an apprehension which is generated on account of the said threat of demolition, the suit in question was filed.