ROSELY XAVIER vs MUNICIPAL CORPORATION OF GREATER BOMBAY THR.ITS WARD OFFICER, MUMBAI AND ORS.

Judgment text excerpt

3 FA-738-2004 (J) C1.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Digitally signed by HUSENBASHA HUSENBASHA RAHAMAN NADAF FIRST APPEAL NO. 738 OF 2004 RAHAMAN NADAF Date: 2025.08.13 WITH 20:55:46 +0530 CIVIL APPLICATION NO. 2575 OF 2002 WITH CIVIL APPLICATION NO. 1937 OF 2002 Rosely Xavier ...Appellant/Applicant Versus Bombay Municipal Corporation (Now Municipal Corporation Of Greater Bombay) Through its Ward Officer, Mumbai And Ors. ...Respondents WITH CIVIL APPLICATION NO. 1360 OF 2003 IN FIRST APPEAL NO. 738 OF 2004 Elyzabeth Karunakar & Ors. ...Applicants In the matter between: Rosely Xavier ...Appellant Versus Bombay Municipal Corporation (Now Municipal Corporation Of Greater Bombay) Through its Ward Officer, Mumbai And Ors. ...Respondents WITH INTERIM APPLICATION NO. 17473 OF 2023 IN FIRST APPEAL NO. 738 OF 2004 Elyzabeth Karunakar Peter (deceased) Through LRS & Ors. ...Applicants In the matter between: Rosely Xavier ...Appellant Versus Bombay Municipal Corporation (Now Municipal Corporation Of Greater Bombay) Through its Ward Officer, Mumbai And Ors. ...Respondents Husen Page 1 of 16 3 FA-738-2004 (J) C1.doc *** Mr. A.I. Patel a/w Ms. Swati Sawant, for the Appellant. Ms. Pallavi Khale i/b. Ms. Komal Punjabi for Respondent No.1/BMC. Mr. Nikhil Patil i/b. Mr. Shrijit Gaikwad for Respondent Nos. 2, 3 and 4. *** CORAM : M.M. SATHAYE, J. DATE : 13th AUGUST, 2025 JUDGMENT: 1. This appeal takes exception to the judgment and decree dated 16.02.2002 passed in L.C. Suit No.2864 of 1986. The said suit is filed by the present Appellant. By the said impugned judgment and decree, the Appellant’s suit is dismissed. 2. The case of the Appellant/Plaintiff, in short, is that she has been residing in the suit premises since her birth. Suit premises are