The Bombay High Court dismissed the writ petition, holding that the petitioner's remedy lies in the pending civil suit instituted against the respondent. The writ petition was thus not entertained.
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FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1229 OF 2016
Office Notes, Office
Memorandam of Coram,
appearances, Court’s orders Court’s or Judge’s orders
or directions and
Registrar’s orders
Mr.Sachin Nerkar for the Petitioner
Mr.Shekhar Jagtap a/w Mr.Akshay Kapadi i/b J. Shekhar
& Co. for the Respondent.
CORAM : A.S.OKA, &
C.V.BHADANG,JJ.
DATE : FEBRUARY 11, 2016.
P.C.:
.Not on board. Taken on board.
1The contention of the petitioner is
that notwithstanding the order of
interim relief dated 20th February 2015
passed by the Civil Court in a Civil
Suit instituted by the petitioner, the
respondent Thane Municipal Corporation
has evicted the petitioner.
2The Civil suit is pending. The
remedy of the petitioner is to seek
appropriate relief in the pending suit.
Hence, we decline to entertain this
petition. Accordingly, we dispose of
the writ petition. Remedy of the
petitioner is kept open.
_wp1229_
Thane Municipal Corporation
A.S. OKA
C.V. BHADANG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court