Mr. Umakant Jiwan Tupe and Another vs the Municipal Corporation of Greater Mumbai and Another — Bombay HC (2025) — LawSathi Research

Mr. Umakant Jiwan Tupe and Another vs the Municipal Corporation of Greater Mumbai and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to amend granted in Appeal from Order No. 333 of 2024, amendment to be carried out forthwith; all four appeals admitted as raising arguable points; rule on interim relief made returnable forthwith with respondents' advocates waiving notice; interim relief granted in terms of prayer clause (a) during the pendency of the appeals, subject to the appellants not creating any third party rights or parting with possession; interim applications disposed of accordingly; suits before the City Civil Court to continue uninterrupted.

Issue for consideration

Whether the appeals raise arguable points such that they should be admitted. +2 more

Court's answer

Having heard learned counsel for the appellants and finding that arguable points are raised, the appeals are admitted; the respective advocates appearing for the respondents waive notice.

Ratio / Principle

On the documents relied upon by the plaintiffs/appellants - the tax assessment extract indicating that the suit structures were first assessed on 31st March 1961, the site plan showing structures described as 15, 16, 17 and 18 on CTS 432B, the conveyance deed by the original owners in favour of M/s. Jet Builders describing the appellants' structures in the schedule, and the receipts for payment of rent - it prima facie appears that the suit structures are in existence prior to the datum line.

Key takeaways

During the pendency of the appeal, interim relief is granted in terms of prayer clause (a), and the interim applications are disposed of in those terms (rule on interim relief having been made returnable forthwith, with respondents' advocates waiving notice).ratio¶para-10
The validity of the impugned notice issued by the Corporation is not finally decided at this stage; it is to be examined after verifying the rival evidence that will be led during the trial.ratio¶para-9
As a condition attached to the interim relief, the appellants shall not create any third party rights or part with possession in favour of any third party.

Detailed headnote1 paragraphs

Bombay High Court (Gauri Godse, J.), order dated 10 March 2025 in four clubbed matters - Appeal From Order Nos. 316, 317 and 333 of 2024 and Appeal From Order ST No. 37723 of 2024, with connected interim applications - filed by occupants of suit structures said to pre-date the datum line, against whom the Municipal Corporation of Greater Mumbai has issued an impugned notice. Relying on a tax assessment extract recording the first assessment of the suit structures on 31st March 1961, a site plan showing structures 15 to 18 on CTS 432B, a conveyance deed by the original owners in favour of M/s. Jet Builders describing the appellants' structures in the schedule, and rent receipts, the Court held prima facie that the suit structures are in existence prior to the datum line. Finding arguable points, the Court admitted the appeals (with respondents' counsel waiving notice) and granted interim relief in terms of prayer clause (a) during the pendency of the appeals, conditional on the appellants not creating third-party rights or parting with possession. The validity of the Corporation's notice was left open to be examined at trial after verifying rival evidence. The Court directed that the pendency of the appeals and the interim relief shall not operate as a stay of the suits, which the City Civil Court was to proceed with. Leave to amend was granted in AFO No. 333 of 2024.

Iresh

40.316.24 ao.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 316 OF 2024 WITH INTERIM APPLICATION NO. 7768 OF 2024 IN APPEAL FROM ORDER NO. 316 OF 2024

Bhupendra Onkarrao Lohkpure and anr

.....Appellants

Vs.

Municipal Corporation of Greater Mumbai and anr

.....Respondents

WITH APPEAL FROM ORDER NO. 317 OF 2024 WITH

INTERIM APPLICATION NO. 7769 OF 2024 IN APPEAL FROM ORDER NO. 317 OF 2024

Umakant Jiwan Tupe and anr ….Appellants

Vs.

Municipal Corporation of Greater Mumbai ….Respondents and anr

IRESH MASHAL

Digitally signed by IRESH MASHAL Date: 2025.03.11 14:48:36 +0530

WITH APPEAL FROM ORDER NO. 333 OF 2024 WITH INTERIM APPLICATION NO. 7952 OF 2024 IN APPEAL FROM ORDER NO. 333 OF 2024

Mubarak Ali Mohammed Sidique Shaikh

….Appellant

Vs.

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40.316.24 ao.docx

Municipal Corporation of Greater Mumbai and anr

….Respondents

WITH

APPEAL FROM ORDER ST NO. 37723 OF 2024 WITH INTERIM APPLICATION ST NO. 37724 OF 2024 IN APPEAL FROM ORDER ST NO. 37723 OF 2024

P. N. Umadevi Pillai ….Appellant

Vs.

Municipal Corporation of Greater Mumbai ….Respondents and anr

Mr. Pradeep Thorat a/w Ms. Aditi Naikare for appellant in AO 316/2024 and 317/2024

Mr. Vishal Kanade for the appellant in AO 333/2024 Ms. Seema Hannurkar for appellant in AOST 37723/2024 Mr. Om Suryawanshi for respondent-BMC Mr. D. J. Haldankar AGP for the State

CORAM : GAURI GODSE, J.

DATE : 10^th MARCH 2025

ORDER:

APPEAL FROM ORDER NO. 316 OF 2024, APPEAL FROM ORDER NO. 317 OF 2024, APPEAL FROM ORDER NO. 333 OF 2024, APPEAL FROM ORDER ST NO. 37723 OF 2024:

Leave to amend in Appeal from Order No. 333 of 2024.

Amendment to be carried out forthwith.

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40.316.24 ao.docx

Heard learned counsel for the appellants. Arguable points are raised.

Hence, admit.

Respective advocates appearing for the respondents waives notice.

INTERIM APPLICATION NO. 7768 OF 2024, INTERIM APPLICATION NO. 7769 OF 2024, INTERIM APPLICATION NO. 7952 OF 2024, INTERIM APPLICATION NO. 7952 OF 2024 AND INTERIM APPLICATION ST NO. 37724 OF 2024:

Rule on interim relief in terms of prayer clause (a). Rule made returnable forthwith.

Respective advocates appearing for the respondents waives notice.

Learned counsel for the applicants relied upon tax assessment extract which indicates that the suit structures were for the first time assessed on 31^st March 1961. Learned counsel for the applicants rely upon the site plan showing the structures described as 15, 16, 17

and 18 on CTS 432B. Learned counsel for the applicants also rely

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40.316.24 ao.docx

upon the conveyance deed by the original owners in favour of M/s. Jet Builders which describes structures belonging to the appellants in the schedule. Learned counsel for the applicants rely upon receipts for payment of rent to support their contentions that the suit structures are existing since prior to the datum line.

In view of the documents relied upon by the plaintiffs/appellants, prima facie, it appears that the suit structures are in existence prior to datum line. Hence, the validity of the impugned notice issued by the Corporation would be required to be examined after verifying the rival evidence that will be led during the trial.

Hence, during the pendency of the appeal, there will be interim relief in terms of prayer clause (a).

Appellants shall not create any third party rights or part with possession in favour of any third party.

Interim applications are disposed of in the above terms.

Pendency of these appeals and grant of interim relief shall not be

construed as any stay to the further proceedings of the suits. The City Civil Court shall proceed with the suits.

[GAURI GODSE, J.]

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