Dr. Shivdev Bhagwant Rajebahadur And ORS v. Phul Mali Samaj Mangal Karyalaya And ORS

Sr.No.21 WP 11326.14 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11326 OF 2014 Dr. Shivdev Bhagwant Rajebahadur and ors.

....Petitioners versus Phul Mali Samaj Mangal Karyalaya and ors.

...Respondents

Mr. M. M. Sathaye, advocate for the petitioners. Mr. Ramesh Sawant i/b. Mr. Sachin Dhakephalkar, advocate for respondent No.1.

Mrs. Shriniwas S. Patwardhan, advocate for respondent No.2. Mr. P. G. Kathane, AGP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATE : 16th SEPTEMBER, 2016.

P. C. :

Heard learned counsel and learned AGP appearing for the respective parties.

2.

The petitioners, by the above petition, is seeking directions against respondent No.2 - Municipal Corporation to take action of demolition against respondent No.1 in pursuance of the notice dated 30th December, 2013 issued under Maharashtra Regional and Town Planning Act, 1966.

3.

Mr. Patwardhan, learned counsel for respondent No.2, on instructions, makes a statement that in respect of the construction which is the subject matter of this petition, respondent No.1 has filed Shubhada S Kadam 1/2

Sr.No.21 WP 11326.14 regular civil suit No.376 of 2015 and obtained temporary injunction against the respondent No.2-Corporation restraining it from acting on the said notice.

4.

In the above circumstances, we are not inclined to entertain the writ petition. The writ petition is, accordingly, dismissed. 5.

It is made clear that if the petitioners are not party in the said suit, they are at liberty to intervene in the same. (ANUJA PRABHUDESSAI, J.) [RANJIT MORE, J.] Shubhada S Kadam 2/2