1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL SIDE FIRST APPEAL NO.1837 OF 2009 IN SHORT CAUSE SUIT NO.5495 OF 2003 WITH CIVIL APPLICATION NO.2859 OF 2009 WITH CIVIL APPLICATION NO.2860 OF 2009 Smt. Gulabdevi J. Santoshi ...Appellant. v. Shri Jayantiprasad S. Santoshi & Ors. ...Respondents. Mr. Satish Mishra i/by A.M.Sarogi, advs. For the Appellant. Mr. G.J.Ghogare, adv. For the Respondent Nos.1 and 2. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 26, 2010 P.C. 1 Heard. 2 The present appellant had filed the Short Cause Suit No. 5495 of 2003 before the City Civil Court, Mumbai seeking a decree of eviction against the respondents alongwith some other reliefs. It was the contention of the appellant that the suit property being hut is situated in the slum area and the patch holder card has been issued to her by the Tehsildar and that was also annexed with the plaint. According to her, 2 respondents were in unauthorised occupation. Objection to the tenability of the suit was taken on the ground that without prior permission from the Competent Authority under Section 22 of the Maharashtra Slum Area (Improvement, Clearance and Re-development) Act, 1971 (In brief ‘ Slum Act’), no suit could be filed before any Civil Court for any decree or order for eviction or possession of any building or land situated in the slum area. In view of the provisions incorporated under 22 and 44 of the Slum Act Civil Court held that the suit could not be filed without prior permission and in the result, suit came to be dismissed. After perusal of the pleadings of the appellant/plaintiff and the provisions of the law, I find no fault in the said findings. In fact, the appellant still can approach the Competent Authority for necessary permission before filing a suit under Section 22. 3 In view of this, there is no merit in the appeal. Appeal stands dismissed summarily. 4 In view of the dismissal of the appeal, both the civil application nos.2859 of 2009 and 2860 of 2009 stand disposed off accordingly. (J.H. BHATIA,J.) 3