Single judge allowed the appeal and set aside the interim injunction granted to the respondent by the City Civil Court. The court noted procedural irregularities and the respondent's absence after being duly notified.
The interim injunction order dated 5th January, 2015 is set aside.
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.
AOST.11030/2015(914)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER (ST) NO. 11030 OF 2015
The Municipal Corporation of Gr. Mumbai Vs. Jalaludin Akbar Aaga
...Appellant
...Respondent
Mr. Joaquim Reis, Sr. Advocate a/w. Mr. A.V. Diwate for the Appellant None for the Respondent
CORAM : MRS. ROSHAN DALVI, J. DATED : 1ST OCTOBER, 2015
P.C. :
Rule. Returnable forthwith.
AOST.11030/2015(914)
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the defendants in the suit claimed that the photopass was not genuine. They got inquiries made. They were informed that such photopasses were not issued. Mr. Reis would argue that any photopass issued for a structure which is not in a slum is not valid because it would be issued for vacant lands. The Vacant Lands Act was declared unconstitutional. A census was made for the structures which were existing under the provisions of the Act. The census would show the structures as on the date of the census that was after 1976. The structures could be tolerated only if they were in existence prior to 1962 or 1964. The cut-off date of 1995 which applies to structures in a slum, would not apply to the suit structure.
AOST.11030/2015(914)
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(ROSHAN DALVI, J.)
AOST.11030/2015(914)
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CERTIFICATE
Certified to be true and correct copy of the original signed Judgment /order.
3 issues framed by the court
Whether the interim injunction granted to the respondent should be set aside due to procedural lapses and lack of appearance.
Whether the evidence relied upon by the respondent was sufficient to justify the interim relief granted below.
Whether the appeal was heard in the absence of the respondent following due notice.
The Municipal Corporation of Gr. Mumbai
Jalaludin Akbar Aaga
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
