Shalini Phansalkar Joshi, J. - (1.) Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Sakhare, learned Senior Counsel for the Petitioner-Municipal Corporation, and Mr. Govilkar, learned counsel for Respondent No.1.
(2.) This Writ Petition is directed against the common Judgment and Order dated 31st December 2008, passed by the City Civil Court, Greater Bombay, in Miscellaneous Appeal Nos.204 of 2007, 205 of 2007 and 206 of 2007. These three Miscellaneous Appeals were preferred by the Respondents herein against the common order of eviction passed by the Estate Officer, under Section 105-B of the Mumbai Municipal Corporation Act, 1888, in three separate Inquiry Nos.FS/1 of 2007, FS/2 of 2007 and FS/3 of 2007 dated 5th November 2007.
(3.) The facts, which strictly speaking, may not be germane for deciding these Writ Petitions, but which are advanced by learned counsel for the parties and discussed at length in the order of the Enquiry Officer and in its Judgment by the Appellate Court, can be stated as follows :-;