: 1 : IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.2934 OF 2006 PETITION NO.2934 OF 2006 PETITION NO.2934 OF 2006 Shanti Nagar Tenants Association & Anr. ...Petitioner V/s. Municipal Corporation of Greater . Bombay & Anr. ...Respondents Ms.Aruna Savla for Respondent No.1. . Ms.Madhu Rai i/b. Negandhi Shah & Himayatullah for Respondent No.2. . Mr.Y.S. Jahagirdar, Senior Advocate, with S.D. Nagare for Respondent No.3. CORAM CORAM CORAM : J.N. PATEL & : J.N. PATEL & : J.N. PATEL & A.A. A.A. A.A. SAYED, JJ. SAYED, JJ. SAYED, JJ. DATE DATE DATE : 24TH APRIL, 2007. : 24TH APRIL, 2007. : 24TH APRIL, 2007. P.C. P.C. P.C. : : : 1. None is present for the Petitioner. This Writ Petition is filed by the Association Tenants alleging fraud against the Respondent-Developer. 2. As the allegations are in relation to fraud, they are required to be examined on the basis of evidence which the Petitioner-Association will have to prove by leading evidence and as it is a disputed question of fact, we are not inclined to interfere in the matter in exercise of extra-ordinary jurisdiction under Article 226 of the Constitution of India. The Writ Petition is dismissed. [J.N. [J.N. [J.N. PATEL, J.] PATEL, J.] PATEL, J.] : 2 : [A.A. [A.A. [A.A. SAYED, J.] SAYED, J.] SAYED, J.]