Esha Ekta Appartments CHS Ltd. & Ors. vs. The Municipal Corporation of Mumbai & Anr. (SC)

Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Illegal construction –Demolition of–Prayer for granting the interim injunction against the order of demolition–Dismissed by trial Court as well as High Court–Appreciation of–Courts below found that the buildings were constructed in violation of sanctioned plans–Concurrent conclusion after analysis of pleadings and documentary evidence–However, in view of the fact that the flat buyers and their families are residing in the buildings in question for the last more than ten years, in the interest of justice, plea of regularization should be considered.