Arvind Kharagmal Lodha vs Municipal Corporation Of Greater ...
2023 Latest Caselaw 1323 Bom

                                                                   44-FA-48-2023.doc


 Ghuge
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                         FIRST APPEAL NO. 48 OF 2023
                                    WITH
                       INTERIM APPLICATION 283 OF 2021

 Arvind Kharagmal Lodha                           ... Appellant
           V/s.
 Municipal Corporation           of    Greater
 Mumbai        through                Municipal
 Commissioner and Ors                             ... Respondents


 Mr. S.M. Gorwadkar Sr. Advocate a/w J.J. Thakkar a/w
 Renuka Negi for the appellant.
 Mr. Santosh Parad for respondent No.1.

                                 CORAM      : AMIT BORKAR, J.

                                 DATED      : February 07, 2023
 P.C.:

 1.      Arguable questions are raised.

 2.      Admit.

3. The appellant to file private paper book within One (1) year from today, failing which the first appeal shall stands dismissed without further reference to the Court.

INTERIM APPLICATION NO. 283 OF 2021

4. According to the appellant, the common passage which is the subject matter of notice under Section 351 of the Mumbai Municipal Corporation Act, 1888 was in existence prior to datum line. According to him, having purchase property in the year 1969

44-FA-48-2023.doc

documents in his possession are of year 1969 but according to him reply filed by the appellant to the notice have not been properly considered.

5. On perusal of the impugned Judgment, it appears that the learned Trial Court has recorded a finding that plaintiff has failed to produce document prior to datum line. However, the documents produced on record by the plaintiff to show existence structure prior to datum line have been misconstrued.

6. The applicant has, therefore, entitle to ad-interim relief in terms of prayer clause (a).

7. The respondent to file reply affidavit.

(AMIT BORKAR, J.)