Bombay High Court
The Municipal Corporation Of City Of ... vs M/S.Raj Rajeshwari Builders on 19 January, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-AS:2767-DB
ppn 1 7.wp-2196.07 & ors.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.2196 OF 2007
The Municipal Corporation of City of Thane .. Appellant
(orig.defendant)
Versus
M/s.Bilstrong Builders Pvt.Ltd. .. Respondent
(orig.plaintiff)
WITH
FIRST APPEAL NO.2197 OF 2007
The Municipal Corporation of City of Thane .. Appellant
(orig.defendant)
Versus
M/s.Raj Rajeshwari Builders .. Respondent
(orig.plaintiff)
WITH
FIRST APPEAL NO.2198 OF 2007
The Municipal Corporation of City of Thane .. Appellant
(orig.defendant)
Versus
Sanjiv Manohar Karambelkar & Anr. .. Respondents
(orig.plaintffs)
---
Ms.Pooja Malik i/by N.R. Bubna for the appellant in all appeals.
Mr.Roy Varghese a/w Ms.Gauratna Kale i/by Mr.S.U. Dhakephalkar for
the respondent in all appeals.
----
CORAM : A.S. CHANDURKAR &
JITENDRA JAIN, JJ.
DATE : 19th January 2024
P.C.:-
. The challenge raised in these First Appeals is to the
judgment and decree passed by the learned 2nd Joint Civil Judge, Senior
::: Uploaded on - 20/01/2024 ::: Downloaded on - 17/02/2024 20:08:10 :::
ppn 2 7.wp-2196.07 & ors.doc
Division, Thane on 3rd May 2007 in Special Civil Suit Nos.840 of 1993 in
First Appeal No.2196 of 2007, on 5th May 2007 in Special Civil Suit
Nos.694 of 1995 in First Appeal No.2197 of 2007 and on 4th May 2007
in Special Civil Suit Nos.678 of 1992 in First Appeal No.2198 of 2007.
2. By the said judgment, the notice issued by the present
Appellants-Originals Defendant on 4th October 1993 in First Appeal
No.2196 of 2007, on 23rd September 1994 in First Appeal No.2197 of
2007 and on 12th October 1992 in First Appeal No.2198 of 2007 has
been to be held illegal. Further directions have been issued to the
Appellants-Original Defendants to issue occupancy certificate to the
Original Plaintiffs.
3. The learned counsel for the Appellant-Original Defendant
submits that in First Appeal No.2211 of 2005, similar decree passed by
the Trial Court was challenged. By the judgment dated 22 nd December
2017, the First Appeal was partly allowed and clause (iv) of the
judgment of the Trial Court was set aside. Though, the Appellant-
Original Defendant challenged this judgment before the Hon'ble
Supreme Court that challenge has failed.
4. We find on perusal of the impugned judgments that similar
::: Uploaded on - 20/01/2024 ::: Downloaded on - 17/02/2024 20:08:10 :::
ppn 3 7.wp-2196.07 & ors.doc
challenge to the same has been considered and decided in First Appeal
No.2211 of 2005. We find that the parties would be governed by the
decision in the said Appeal. Hence, for reasons recorded in the judgment
dated 22nd December 2017 passed in First Appeal No.2211 of 2005,
these Appeals can also be disposed of. Accordingly, the following order
is passed :
ORDER
(i) The judgment and decree passed by the learned Joint Civil
Judge, Senior Division, Thane on 3rd May 2007 in Special Civil
Suit Nos.840 of 1993 in First Appeal No.2196 of 2007, on 5 th
May 2007 in Special Civil Suit Nos.694 of 1995 in First Appeal
No.2197 of 2007 and on 4th May 2007 in Special Civil Suit
Nos.678 of 1992 in First Appeal No.2198 of 2007, except clause
(iv) stands confirmed. In case, the Respondent-Original Plaintiff
has not submitted an application for obtaining the occupation
certificate, it is free to take such steps in accordance with law
and as directed in First Appeal No.2211 of 2005.
5. The First Appeals are partly allowed in the aforesaid terms.
Decree be drawn accordingly. There shall be no order as to costs.
JITENDRA JAIN, J. A.S. CHANDURKAR, J.
