1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4361 OF 2009 Nawaz Co-op. Housing Society Ltd. : Petitioner versus Kalyan Dombivali Municipal Corporation - Through the Municipal Commissioner and others. : Respondents. Mr. P M Arjunwadkar for the Petitioner. Mr. A S Rao for the Respondent Nos.1 to 3. Mr. M S Kumthekar for the Respondent Nos.4 to 6. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 27th July 2009 P.C. 1. Heard. The Petitioners have approached this Court for seeking reliefs mentioned in Para 8 of the Petition viz, to direct the Respondent Nos.1 to 3 to demolish the construction of unauthorised structures in the form of rooms, wc, bathrooms, toilets erected by the Respondent Nos.4 and 5 outside the premises of Petitioner-Society. It is stated that the Petitioner-Society has already filed Regular Civil Suit No. 309 of 2008 in the Court of Civil Judge (J D) Kalayn. We have perused the prayers in that suit and the prayers in the above Petition. We are doubly satisfied that the subject matter of both the said suit and the above Petition is one and the same. The said suit has already been filed in 2008. Thereafter the present Petition has been filed. It is well settled 2 principle that a party cannot prosecute two remedies. 2. The facts in the instant Petition disclose that the issue is as regards unauthorised construction and even though the authorities, whose orders are annexed to the Petition, have held that the defendants in the said suit have encroached upon the property in question and have carried out certain unauthorised construction, in view of the pendency of the said suit, we do not deem it appropriate to entertain the above Petition as the Petitioner cannot prosecute two remedies. The orders which have been passed by the authorities can be used as a piece of evidence in the said suit as against the defendants in that suit. It is further to be noted that the Defendants in said suit are not made parties to the above Petition and in their absence orders are sought to be obtained against them. The said fact in our view reflects on the bonafides of the Petitioner. 3. For the reasons mentioned above, the Petition is dismissed. However, we make it clear that the suit filed by the Petitioner being Regular Civil Suit No.309 of 2008 would be decided by the concerned Court on its own merits and in accordance with law. Sd/- sd/- [R.M.SAVANT, J] [S.B.MHASE, J]