MAHESH PURSHOTTAM MAURYA THROUGH THE CONSTITUTED ATTORNEY MR.SUKHARILAL SAROJ AND ORS vs THE MUNICIPAL CORPORATION OF GREATER MUMBAI AND ORS

Judgment text excerpt

ppn 1 46.fa-70.12(j).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed PRACHI by PRACHI PRANESH CIVIL APPELLATE JURISDICTION PRANESH NANDIWADEKAR NANDIWADEKAR Date: 2026.02.17 15:15:02 +0530 FIRST APPEAL NO.70 OF 2012 1. Mahesh Purshottam Maurya of Mumbai, aged about 60 years, Occupation : Landlord, Indian Inhabitant, residing at SJK Near Nair Wadi, Saki Naka Kherani Road, Mumbai – 400 072 through the Constituted Attorney Mr. Sukharilal Saroj also of Mumbai, Indian Inhabitant residing at SJK Compound, Survey No.41, C.T.S. No.156 (Part) of Village Mohili Saki Naka, Mumbai – 400 072 2. Radheshyam B. Kanojia 3. Jayram S. Saroj 4. Jamaluddin Khan of Mumbai, Indian Inhabitants, residing at SJK Compound, C.T.S. No.156, Village Mohili, Revenue Village: Saki Saki Naka, Mumbai – 400 072 ….Appellants (Org. Plaintiff Nos.1 to 3 & 5) Versus 1. The Municipal Corporation of Greater Bombay, a Corporate Body duly incorporated under the Bombay Municipal Corporation Act, 1888, having its Head office at Mahapalika Building, Mahapalika Marg Fort, Mumbai – 400 001 2. Akram Hussain ppn 2 46.fa-70.12(j).doc 3. Shankar Chauhan 4. Shamshuddin Khan of Mumbai, Indian Inhabitants, residing at SJK Compound, C.T.S. No.156, Village Mohili, Revenue Village: Saki Saki Naka, Mumbai – 400 072 .…Respondents (Org. Defendants and Plaintiff Nos.4, 6 & 7) ---- Mr. R. R. Sharma for the appellants. Ms. Pallavi Khale i/by Ms. Komal Punjabi for the respondent-MCGM. ---- CORAM : JITENDRA JAIN, J. DATED : 16 February 2026 JUDGMENT: 1. This appeal is filed by the appellants (original plaintiffs) against the order passed by the City Civil Court, Bombay on 14 November 2011, whereby challenge to notice under Section 351 of the Mumbai Municipal Corporation Act, 1888 (‘MMC Act’) dated 5 February 1999 was rej