Bombay High CourtWP/185/2013disposed off

Ramchandra Kanu Mendadkar v. The State Of Maharashtra And 4 ORS.

2016-02-16Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Shri Justice A.S. Oka1 pages

wp-185.13 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.185 OF 2013 WITH NOTICE OF MOTION NO.530 OF 2015 Ramchandra Kanu Mendadkar ... Petitioner Vs.

State of Maharashtra and Ors.

... Respondents Mr. Chintamani K. Bhangoji for the Petitioner. Mr. Anurag Gokhale, AGP for the Respondent No.1 - State. Mrs. Geeta Shastri for the Respondent Nos.2 to 4 - BMC. CORAM : A.S. OKA & C.V. BHADANG, JJ.

DATE : 16th FEBRUARY, 2016 P.C.

Perused the affidavits filed on record. After having perused all the affidavits on record, we find that this Petition involves disputed questions of fact including the disputed questions as regards the boundaries. We are, therefore, of the view that the controversy can be more appropriately resolved by a Civil Court. Accordingly, we decline to entertain this Petition and the same is disposed of. However, it is open for the Petitioner to adopt appropriate remedy in accordance with law. Pending Notice of Motion is also disposed of. (C.V. BHADANG, J ) (A.S. OKA, J )