Mohammed Sajid Mohammed Madnikadbal v. The State Of Maharashtra And 3 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1414 OF 2021 Mohammed Sajid Mohammed .. Petitioner Vs.

The State of Maharashtra and Ors.

.. Respondents Ms. Manini Desai, i/by Mr. Usman Menon, for the Petitioner. Mr. S.B. Gore, AGP for Respondent No.1-State. Mrs. Vandana Mahadik for Respondent Nos.2 to 4-MCGM. Ms. Manisha Jagtap for Respondent No.5-MHADA. CORAM : SUNIL B. SHUKRE & M.W. CHANDWANI, J.J.

TH JANUARY, 2023.

DATE : 9 P.C. :

1.

The record pasted in the Roznama shows that respondent no.6-Landlord/ Developer has been served with the notice on 2 nd March 2022; however, nobody has yet appeared for respondent no.6. Rule notice has now been served to respondent no.6, but he has not appeared before this court. 2.

On going through the averments made in the petition, we find that in respect of the same subject matter, a Civil Suit is also pending before the City Civil Court, Mumbai. It is seen that this petition involves disputed questions of facts and as Civil Suit is already pending in respect of the same subject matter and so we relegate the petitioner to pursue his remedy before the City Civil Court, Mumbai. Accordingly, we dispose of this petition. [ M.W. CHANDWANI, J. ] [ SUNIL B. SHUKRE, J. ] 1/1 Digitally signed by SNEHA ABHAY DIXIT Date:

2023.01.11 13:55:00 +0530 Dixit SNEHA ABHAY DIXIT 17-WP-1414-2021.doc