Shri Anil Trilokchand Grover vs 1.City And Industrial ...
2022 Latest Caselaw 12979 Bom

                                                                            07-SA-392-2013.doc


                      Arjun


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                        SECOND APPEAL NO.392 OF 2013

ARJUN
VITTHAL               Shri. Anil Trilokchand Grover                   ...Appellant
KUDHEKAR
                                    Versus
Digitally signed by
ARJUN VITTHAL
KUDHEKAR
Date: 2022.12.13
18:58:39 +0530
                      City & Industrial Development                   ...Respondents
                      Corporation of Maharashtra Ltd. & Ors.


                      Mr. B. K. Raje, for the Appellant.
                      Mr. Ashutosh M. Kulkarni             a/w   Akanksha   Helaskar,     for
                      Respondent No. 1 [CIDCO].
                      Mr. Tejas Dande, for Respondent No. 2.

                                               CORAM : MADHAV J. JAMDAR, J.

DATE : 13th DECEMBER, 2022

P.C.:

1. Heard Mr. B. K. Raje, learned counsel appearing for

Appellant, Mr. Ashutosh M. Kulkarni, learned counsel

appearing for Respondent No. 1 and Mr. Tejas Dande, learned

counsel appearing for Respondent No. 2.

2. The Second Appeal is admitted on the following

substantial questions of law:

i) Whether the fnding recorded by the Courts below that the entire construction of the building in

07-SA-392-2013.doc

question is contrary to the sanctioned plan is correct?

ii) Whether the impugned Judgments and Decrees of both the Courts are perverse when additional issue is specifcally framed by the learned Trial Court to the effect that whether the Plaintiff has carried out the construction in conformity with Government Notifcation dated 24th September, 1991 and the same has not been discussed by both the Courts and, therefore, the impugned Judgments and Decrees are perverse?

(MADHAV J. JAMDAR, J.)