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Bombay High CourtWP/7911/2025disposed off

Abdul Rehman Suleman Shaikh And ANR v. The State Of Maharashtra Thru. R.D. And ORS

2026-02-09Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Abhay J. Mantri2 pages

Digitally signed by GAURI AMIT GAEKWAD Date:

2026.02.10 11:22:59 +0530 GAURI AMIT GAEKWAD 22.WP-7911-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7911 OF 2025 Abdul Rehman Suleman Shaikh & Anr.

....Petitioners

Versus

The State of Maharashtra & Ors.

....Respondents ---- Mr. Vishal Patil a/w. Mr. Afsar Ansari for the Petitioners. Mr. P.P. Kakade, Addl. GP a/w. Ms. Priyanka Chavan, AGP for the Respondent - State.

---- CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE : 9th FEBRUARY, 2026 P.C. :- 1.

The Petitioners have already approached the Civil Court by preferring a Regular Civil Suit No.60 of 2020 in respect of the same cause of action for which this Petition has been filed. The alleged encroachers are Defendants in the said Suit. A perpetual injunction is sought against the encroachers. The Petitioners desire to file an Interim Application as regards the encroachment made by the Defendants.

2.

Considering the above, we do not find any reason to entertain this Petition, as the private litigants are already before the Civil Court in a Civil Suit.

Gauri Gaekwad

22.WP-7911-2025.odt 3.

This Petition is, therefore, disposed off.

4.

All contentions of the stake holders are kept open, in the pending suit.

(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.) Gauri Gaekwad