-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8410 OF 2009 Tejkaran Rupchand Heda and another ... Petitioners versus The Bhiwandi Nizampur City Municipal Corporation and others ... Respondents Ms. Chitrali Deshmukh for the petitioners. Mr. N.R. Bubna for respondent No.1. CORAM: P.B. MAJMUDAR & R.M. SAVANT, JJ. DATE: AUGUST 11, 2010. P.C. The grievance of the petitioners is in connection with demolition of illegal construction being House No. 656, constructed on land bearing survey No. 27, Paiki situated at village Kaneri, Tal. Bhiwandi, Dist. Thane. The learned counsel for the first respondent-Corporation states that the title dispute is going on between the petitioners and respondent Nos. 2 and 3. He further submits that unless the petitioners prove by appropriate material that they are the owners of the house, which matter is also otherwise subjudice, it is not possible for the Corporation to take any steps. In our view, the first respondent- Corporation should take appropriate decision in this behalf in accordance with law after hearing the petitioners and respondent Nos. 2 and 3 and whatever -2- may be the decision, may be communicated to the petitioner. Even if the petitioners prove that they have title or if fail to prove their title over the disputed property, it should not be construed that we have directed action against the offending structure one way or the other. This aspect is left to the discretion of the first respondent Corporation. However, appropriate decision may be taken by the Corporation within a period of three months from today. 2. Subject to what is stated hereinabove, the petition is rejected. P. B. MAJMUDAR, J. R.M. SAVANT, J.