IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. WRIT PETITION NO.7271 OF 2004 1.Smt. Niyamatbi Sayyed Ahtshamali and anr. .. Petitioners vs 1. Pune Municipal Corproation and anr. .. Respondents Mr. Anil Subramaniam, for the petitioners CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 7th September, 2004 DATE : 7th September, 2004 DATE : 7th September, 2004 PC: PC: PC: 1. Heard the learned counsel for the petitioners. 2. The petitioners have challenged the concurrent findings recorded by the Courts below in the application Exhibit-5 in RCS no.1734 of 2002. Both the Courts below have concurrently held that the petitioners have no right, title or interest in the questioned premises which, the corporation proposes to demolish. The said premises was in possession of Phulabai and it is lying vacant since about 3 years. The Corporation seeks to demolish the said structure since it is in a dilapidated condition. Mr.Subramanium, learned counsel for the petitioners, states that if the said structure is demolished it is likely to cause damage to the structure in their possession. 3. I have perused the impugned orders and other material placed before me. I am satisfied that the petitioners have absolutely no right in the questioned premises and they cannot seek injunction in respect thereof, on the ground that if the said structure is demolished it would cause damage to the premises in their possession. Moreover, that was not the prayer in Exhibit-5 application or in the suit. It is needless to say that the Corporation, while demolishing the questioned structure, is expected to be diligent and careful. It shall not cause any damage to the other structures including the structure in possession of the petitioners. With these observations, the instant petition is dismissed. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)