Margaret @ June Stanley D'Souza v. The State Of Maharashtra And Another

910-wpl-1792-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1792 OF 2016 Margaret @ June Stanley D'Souza

...Petitioner

vs.

The State of Maharashtra and Another

...Respondents

Mr. A.M. Saraogi a/w. Mr. Anand Mishra, for the Petitioner Mr. Amit Shastri, AGP for Respondent No. 1.

Ms. Shobha Ajitkumar, for Respondent No. 2-BMC. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

JULY 13, 2016 P.C.:

Not on board. Upon mentioning taken on board. 2.

The grievance of the Petitioner is that the tenant of the property in question or someone else is raising unauthorized construction in the building in question. It is not in dispute that the Petitioner has filed a Civil Suit against the co-owners of the property seeking injunction and declaration and the said Civil Suit is pending. 3.

The grievance in regard to the alleged unauthorized construction, in our considered view can be well gone into by the Vishal Parekar 1/2

910-wpl-1792-2016 Civil Court either by way of separate Suit or in the pending Suit by impleading the appropriate parties.

4.

In the circumstances, we decline interference in the matter.

5.

All the contentions raised in this Petition are kept open. (M.S. KARNIK, J.) (S.S. KEMKAR, J.) Vishal Parekar 2/2