This single-paragraph order dismissed the appeal filed by property owners challenging a civil court decision. The High Court held that appellants failed to substantiate the existence of a pre-1961 structure and found the subsequent fabric, built without permission, impermissible.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 AO.1016/2015-CAA.1246/2015(46)
mnm
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.1016 OF 2015 WITH CIVIL APPLICATION NO. 1246 OF 2015
Shri Ishawati Sangh & Ors.
...Appellants/Orig.Pltffs.
Vs.
Municipal Corporation of Greater Mumbai & Anr.
...Respondents/Orig.Dfdts.
Mr. Zal Andhyarujina a/w. Sarika Mehra i/b. LJ Law for Appellant Mr. A.V. Diwate for Respondent No.1
CORAM : MRS. ROSHAN DALVI, J. DATED : 26TH OCTOBER, 2015
P.C. :
Rule. Returnable forthwith.
2 AO.1016/2015-CAA.1246/2015(46)
whatsoever. The oral case of the appellants could not have been considered by the learned trial Judge and cannot be considered by this Court as a prima facie case.
3 AO.1016/2015-CAA.1246/2015(46)
CERTIFICATE
Certified to be true and correct copy of the original signed Judgment /order.
2 issues framed by the court
Whether the appellants could establish that an old structure existed prior to 1961-62.
Whether the new fabric built after the collapse in 2012 requires building permission.
2 provisions across 2 enactments
Shri Ishawati Sangh & Ors.
Municipal Corporation of Greater Mumbai & Anr.
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
