Ushakkal Abhinav Speciality Hospital v. Educom Infrastructure And School Management Ltd. And ORS

25.wp.15249.2022.doc H. H. Sawant IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO.15249 OF 2022 Ushakkal Abhinav Speciality Hospital .. Petitioner

Versus

Educom Infrastructure and School Management Ltd and Ors.

.. Respondents ....................

 Mr. A. M. Kulkarni a/w. Mr. Akshay Kulkarni for Petitioner ...................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 12, 2022.

P.C.

:

1.

Heard Mr. Kulkarni, learned Advocate for Petitioner. 2.

Mr. Kulkarni has referred to paragraph No.11 of the impugned order at Page No.64 of the Petition wherein the learned Trial Court has given a categorical finding that the impugned suit filed by the school against the Corporation with respect to the issue of measurement and holding of their property does not concern the Petitioner, as also, the Petitioner's property. 3.

Record indicates that the Petitioner's property lies beyond the proposed 15 meters D. P. Road which is in existence in between the properties occupied by the school and the Petitioner. 4.

In that view of the matter, no further orders are required to be passed. Writ Petition stands dismissed

25.wp.15249.2022.doc 5.

Needless to state that Petitioner shall be at liberty to pursue the remedy available to the Petitioner in law, in the event if any action is taken against the Petitioner's property, in accordance with law. [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2022.12.14 13:04:16 +0530 RAVINDRA MOHAN AMBERKAR