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Bombay High CourtWP/2577/2016disposed off

Smt. Asifa Khan Qamrul Huda Khan And ORS. v. Thane Municipal Corporation Through Its Commissioner And ANR.

2016-02-29Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Shri Justice A.S. Oka1 pages

skn 1/1 2577.16-wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO. 2577 OF 2016 Smt.Asifa Khan Qamrul Huda Khan and others.

...

Petitioners.

V/s.

Thane Municipal Corporation and another.

...

Respondents.

Manoj A. Patil i/b. Jurists UNO for the petitioners. N.R.Bubna for respondent No.2.

CORAM : A.S. OKA AND C.V.BHADANG, JJ DATED :

29th February 2016.

P.C. :

Not on board. Taken up on the board.

2.

Heard the learned counsel for the petitioners. What is alleged is a breach of an ad-interim order passed by the Civil Court. 3.

A remedy is available to the petitioners to move the Civil Court before which the suits are already pending. Hence, we decline to entertain this petition under Article 226 of the Constitution of India. 4.

Subject to what is observed above, the petition is disposed of. The remedy of the petitioners is kept open.

(C.V. BHADANG, J) (A.S.OKA, J)