1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4447 OF 2005 Novelty Heritage Co-op.Housing Society Ltd. ..Petitioner. V/s. M/s.Roshan Builders & Ors. ..Respondents. Mr.P.S.Dani for Petitioner. Mr.D.R.Soni i/b. M/s. Ram & Co. for Respondent No.1. Mr.Khadapkar i/b. Shri R.G.Ketkar for Respondent No.19. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 4, 2008. DATE : AUGUST 4, 2008. DATE : AUGUST 4, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Having regard to the position which emerges from the affidavit filed by the Respondents before this Court, it appears that the Respondents have already carried out construction on the disputed properties and that third party rights have been created therein. If it is so, nothing survives for consideration in the present Petition, as it is directed against the application which essentially prayed for this limited relief. Hence this Petition 2 will have to be dismissed as having become infructuous. 3. Although this Petition is disposed of as having become infructuous, the Petitioner is granted liberty to take out appropriate application before the lower Court and seek necessary relief, as may be advised. That application will have to be decided on its own merits in accordance with the law. 4. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)