The court declined to entertain a writ petition seeking demolition of illegal structures and removal of temporary injunction because a civil suit on the same property is pending. The petition was disposed of without deciding merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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wp-1472.14
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1472 OF 2014
Michael Paskol Koli. .. Petitioner Vs The State of Maharashtra and Others. .. Respondents
Shri Anand Mishra i/by Shri A.M. Saraogi for the Petitioner. Shri V.S.Tiwari, AGP for the Respondent No.1 State. Shri Vinod Mahadik for Respondent BMC. Shri S.S. Redekar for the Respondent No.3.
CORAM : A.S. OKA & C.V. BHADANG, JJ DATED : 23RD APRIL 2015
P.C.
. In L.C. Suit No.266 of 2014 filed by the Petitioner, a prayer
has been made not only against the private Defendants but also against the Mumbai Municipal Corporation directing the Mumbai Municipal Corporation to take an action of demolition against the illegal structures allegedly erected by the Third Respondent in this Petition. Though the Defendants in the said suit are different, it is not in dispute that the property in respect of which a relief is claimed in this Petition is the same as the suit property in the suit.
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dismissed by this Court by an order dated 15th April 2014. Liberty has been granted to the Petitioner to press the relief of removal of the illegal construction before the City Civil Court.
(C.V. BHADANG, J) ( A.S. OKA, J )
1 issue framed by the court
Whether the petitioner can invoke writ jurisdiction under Article 226 of the Constitution of India in light of the pendency of a civil suit regarding the same property.
Michael Paskol Koli
The State of Maharashtra
A.S. Oka
C.V. Bhadang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
