M/S. Akshar Shanti Realtors Pvt. Ltd. And ANR v. Mira Bhayandar Municipal Corp. And ORS

(904) wp-5233-19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5233 OF 2019 M/S Akshar Shanti Realtors Pvt. Ltd. and Anr.

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Petitioners Vs Mira-Bhayander Municipal Corporation and Ors.

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Respondents Mr.Nikhil Rajani I/b M/S V. Deshpande and Co. for the Petitioners.

Mr.Nishant Sasidharan I/b Pravin Mehta and Mithi and Co. for Respondent No.3.

CORAM :- S. C. DHARMADHIKARI & M.S.KARNIK, JJ.

DATE :- MAY 02, 2019 P.C. :- If the stop-work notice once issued has not been persuaded by the Municipal Corporation bearing in mind the nature of the dispute between the parties, then, the only course open to the petitioners is to file a Civil Suit so as to protect their right, title and interest in the immovable property. They can seek appropriate reliefs by making even the Municipal Corporation as party in that Suit. The writ petition is not the remedy and it is dismissed. There will be no order as to costs. (M.S.KARNIK, J.) (S.C.DHARMADHIKARI, J.) M.M.Salgaonkar