Virupaksh Chandrashekhar Savagaon And ANR. v. Vivekanand Chandrashekhar Savagaon And ANR.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2023.02.02 17:16:36 +0530 VARSHA DEEPAK GAIKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1484 OF 2021 Virupaksh Chandrashekhar Savagaon and Anr.

...

Petitioners V/s.

Vivekanand Chandrashekhar Savagaon and Anr.

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Respondents ------------------- Mr. Makarand V. Raut for the petitioners.

Ms. Pooja Yadav I.by Mr. S.K. Sonawane for MCGM. --------------------- CORAM : SUNIL B. SHUKRE & M.W. CHANDWANI, J.J.

DATE : 1ST FEBRUARY 2023.

P.C. :

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Heard learned counsel for the petitioner and learned counsel for the Respondent No. 2- Corporation. No one appears for Respondent no.1 2.

We find that basically the dispute underlying the cause being espoused through this petition is private between the petitioners and respondent no.1. The dispute pertains to removal of a common wall between Flat no. 401 and Flat no. 402 and this has been, according to the petitioners, constructed by the respondent no.1.

10-WP-1484-2021.doc varsha

3.

In such a dispute, the appropriate remedy for the petitioners would be before the Civil Court of Competent Jurisdiction and not by invoking extra ordinary writ jurisdiction of this Court under article 226 of the Constitution of India. 4.

We, therefore, relegate the petitioners to alternate civil remedy, which may be available to them in law, and thus the petition is disposed of.

(M.W. CHANDWANI, J) (SUNIL B. SHUKRE, J) 10-WP-1484-2021.doc varsha