Unique Fortune Enterprises v. Brihanmumbai Mahangarpalika (Municipal Corporation Of Greater Mumbai)

16.OS.WP.2108.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2108 OF 2025 Unique Fortune Enterprises ....Petitioner Digitally signed by VINA ARVIND KHADPE Date:

2026.01.13 10:56:20 +0530

Versus

VINA ARVIND KHADPE Brihanmumbai Mahanagarpalika & Anr.

....Respondents ---- Ms. Mamta Sadh a/w. Mr. Aditya A. Kavale & Ms. Devika i/b Zohair & Company, Advocates for the Petitioner. Ms. Rutuja Bodake i/b. Ms. Komal Punjabi, for BMC Corporation. ---- CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE : 12th JANUARY, 2026 P.C. :- 1.

The Petitioner claims to be the Landlord of the writ property on which a private individual has purportedly caused an encroachment. A Civil Suit is already instituted at the behest of Respondent No. 3. The Petitioner's land, which is under an embargo purportedly created by the private individual Respondent No. 3, will have to secure orders from the Civil Court for measuring the purported encroached area, declaration that it is illegal, demolition of the encroachment structure and restoration of the possession of the Petitioner.

Sufiyan Syed - PA

16.OS.WP.2108.2025.odt 2.

The learned Advocate for the Petitioner submits, on instructions, that the Petitioner desires to withdraw the Petition and that the Petitioner may either institute a fresh Suit or raise all grounds in the pending Suit.

3.

In view of the above, this Petition is disposed off as withdrawn, on instructions. All contentions of all the stakeholders are kept open.

(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.) Sufiyan Syed - PA