P.K.CHAVAN, J. - (1.) By this appeal, the appellants have impugned an order dated 14th September, 2020 passed in Notice of Motion No.1946 of 2018 in L.C. Suit No.2361 of 2015 by which, the City Civil Court has restrained the defendants/respondents from disconnecting the electricity supply of building known as 'Gaurav ' at Harishankar Joshi Road, Dahisar (East), Mumbai (for short the 'suit building ') till one day prior to the eviction of the occupants therein. The trial Court had rejected relief sought in terms of prayer clause (b).
(2.) Facts in brief are as under; The appellant is a Co-operative Housing Society Limited having its office at Dahisar. The suit building was constructed in the year 1973-1974. It comprises total 44 flats and 8 shops. The occupants of the suit building having found that it requires huge expenditure for repair work, majority of the members of the society thought it fit to go for re-development and, therefore, appointed an architect.
(3.) Meanwhile, the respondents-Municipal Corporation of Greater Mumbai (for short 'M.C.G.M ') issued a notice qua the suit building under section 353B of the Mumbai Municipal Corporation Act, 1888 on 2nd July, 2015. After inspecting the same, by another notice dated 9th July, 2015, the respondents had asked the appellants to get the structural audit done as the suit building was found to be in a highly dilapidated and dangerous condition.;