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Bombay High CourtWP/4035/2021disposed off

Ronnie Lawrence Fernandes v. The Commissioner And ORS

2023-01-12Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice M. W. Chandwani2 pages

12. WP 4035-2021.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4035 OF 2021 Ronnie Lawrence Fernandes .Petitioner Vs.

The Commissioner, Thane Municipal Corporation .Respondents & ors.

Ms Eventa A. Gonsalves a/w Mr. Reyden L. Gonsalves, Advocate, for the Petitioner Ms Chaitrali A. Deshmukh, Advocate, for Respondent Nos. 1 to 5 Ms Anjali R. Baxi, Advocate, for Respondent No. 6 Mr. Sandesh D. Patil i/b. Ms Anusha P. Amin, Advocate, for Respondent Nos. 7 to 9

CORAM

:

S. B. SHUKRE AND M. W. CHANDWANI, JJ.

DATE :

12 JANUARY 2023 P. C.

.

Heard learned counsel for the Petitioner and learned counsel for the Respondents.

2.

The prayer made in this Petition is about issuance of directions to the Thane Municipal Corporation to initiate action against the Respondent Nos. 7 to 9 in respect of the said unauthorized construction carried out and illegal commercial use and illegal installation of diesel generator on parking No. 5. However, already one Civil Suit, being R. C. S. No. 451 of 2020

12. WP 4035-2021.doc has been fled by the Petitioner, wherein similar prayer i. e. prayer (c) has been made. Now, it is submitted by learned counsel for the Petitioner that the Petitioner has preferred an Application before the Civil Court for withdrawal of prayer clause (c) of the plaint fled in R. C. S. No. 451 of 2020 and that the said Application was fled on 03.11.2022. This Petition has been fled in July, 2021 and the said prayer made in the suit was very much there. Even, today, the prayer exists because the Application subsequently fled by the Petitioner is still pending. 3.

In the circumstances, we are of the view that the Petitioner ought not to have fled this Petition and ought to have prosecuted remedy which in fact, she has already done before the Civil Court.

4.

For these reasons, we are not inclined to entertain this Petition. The Petition stands dismissed accordingly. ( M. W. CHANDWANI, J. ) ( S. B. SHUKRE, J. )