Mr. Bhupendra Onkarrao Lohkpure and Another vs the Municipal Corporation of Greater Mumbai and Another — Bombay HC (2025) — LawSathi Research

Mr. Bhupendra Onkarrao Lohkpure and Another vs the Municipal Corporation of Greater Mumbai and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim applications disposed of with 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; appeals admitted with leave to amend in Appeal from Order No. 333 of 2024.

Issue for consideration

Whether the suit structures are in existence prior to the datum line (considered prima facie on the documents relied upon for interim relief). +2 more

Court's answer

On the documents relied upon by the plaintiffs/appellants (tax assessment extract, site plan, conveyance deed and rent receipts), the Court records a prima facie view that the suit structures are in existence prior to the datum line.

Ratio / Principle

Leave to amend granted in Appeal from Order No. 333 of 2024, the amendment to be carried out forthwith.

Key takeaways

The appeals are admitted, the Court having heard learned counsel for the appellants and found that arguable points are raised.ratio¶39
The validity of the impugned notice issued by the Corporation is expressly left open, to be examined after verifying the rival evidence that will be led during the trial.obiter¶50
During the pendency of the appeals, interim relief is granted in terms of prayer clause (a).ratio

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Gauri Godse, J.; order dated 10 March 2025) in four clubbed appeals from order (Appeal from Order Nos. 316, 317, 333 and ST No. 37723 of 2024, with interim applications) filed by Bhupendra Onkarrao Lohkpure and anr., Umakant Jiwan Tupe and anr., Mubarak Ali Mohammed Sidique Shaikh, and P. N. Umadevi Pillai against the Municipal Corporation of Greater Mumbai and another. Leave to amend was granted in Appeal from Order No. 333 of 2024, to be carried out forthwith. Heard learned counsel for the appellants and finding arguable points raised, the Court admitted the appeals, respective advocates for the respondents waiving notice. On the documents relied upon by the applicants/appellants — a tax assessment extract showing the suit structures were first assessed on 31 March 1961, a site plan showing structures described as 15, 16, 17 and 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 receipts for payment of rent — the Court held, prima facie, that the suit structures are in existence prior to the datum line. During the pendency of the appeals, interim relief was granted in terms of prayer clause (a), with the appellants restrained from creating any third party rights or parting with possession. The validity of the impugned notice issued by the Corporation was left to be examined at trial after verifying the rival evidence to be led. The Court clarified that the pendency of the appeals and the interim relief shall not operate as a stay of the suits, and directed the City Civil Court to proceed with the suits.

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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