Shiv-Shaila Co-Op. Hsg. Society Ltd. And ANR. v. The Municipal Commissioner And 3 ORS.

WP.1904/2014(8) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1904 OF 2014 Shiv Shaila Co-op. Hsg. Society Ltd.

...Petitioner

Vs.

The Municipal Corporation & Ors.

...Respondents

Mr. A.R. Pai i/b. Ms. Bina R. Pai, Advocate for the Petitioner Ms. Uma Wagle, Advocate for Respondent No.4 Ms. Vandana Mahadik, Advocate for the BMC CORAM : NARESH H. PATIL & M.S. KARNIK, JJ.

DATED :16TH NOVEMBER, 2016 P.C. :

The Petitioner seeks directions to Corporation to take action in respect of the property adjoining the Society building.

2.

We have perused the record placed before us and considered the submissions advanced. In the facts we observe that to decide the issues raised by the Petitioner questions of facts, which may be disputed at certain stages will have to be gone into.

WP.1904/2014(8) 3.

The Petitioner is at liberty to resort to alternate remedies as permissible in Law.

4.

We are not inclined to exercise our writ jurisdiction. With the above observation the Petition is disposed of. (M.S. KARNIK, J.) (NARESH H. PATIL, J.)