yards, Survey No.61 P admeasuring about 1441 sq.
Digitally signed by ASHOK RAJ SINGH Date 2019.04.02 175731 IST Reason A few facts need mention for the disposal of this appeal, which involves a short point.
So, the short question, which arises for companysideration in this appeal, is whether the High Court was justified in dismissing the appellants second appeal.
yards Survey No.
The respondent denied the appellants claim and companytested the suit.
The appellant plaintiff felt aggrieved and filed Second Appeal in the High Court of Bombay.
The Honble Court may be further pleased to issue permanent injunction against the defendants and to maintain perfect status quo in respect to the suit property.
yards situated at Mauje Kalyan Adharwadi Dombivali MH hereinafter referred to as the suit land .
The appellant is the plaintiff and the respondent is the defendant in the civil suit out of which this appeal arises.
The Honble Court may be pleased to declare that the defendants without following the due process of law and without following the provisions of the Acts, shall number companystruct road from the suit property.
The respondent felt aggrieved and filed first appeal No.76/1999 before the First Appellate Court.
By its judgment dated 29.02.2000, the First Appellate Court allowed the appeal, set aside the judgment decree dated 12.08.1999 of the Trial Court and dismissed the appellants suit.
By impugned judgment, the High Court dismissed the second appeal and affirmed the judgment decree dated 29.02.2000 of the First Appellate Court which has given rise to filing of the present appeal by way of special leave by the plaintiff in this Court.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are inclined to dispose of this appeal with the following observations and liberty granted to the parties.
The appellant plaintiff filed a civil suit against the respondent Municipal Corporation for claiming the following relief The Honble Court may be pleased to declare that the act of changing the alignment of the street line affecting the land bearing Survey No.61, Hissa No.1 admeasuring about 493 sq.
By judgment decree dated 12.08.1999, the Trial Court decreed the appellants suit.
Abhay Manohar Sapre, J. Leave granted.
61 P admeasuring about 1441 sq.
The dispute relates to the land bearing Survey No.61, Hissa No.1, admeasuring about 493 sq.
This appeal is filed against the final judgment and order dated 26.10.2016 passed by the High Court of Bombay at Mumbai in Second Appeal No.160 of 2016 whereby the High Court dismissed the second Signature Not Verified appeal filed by appellant herein.
