*1* wp.1577.10.951.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1577 OF 2010 Pilathopan Harindran. ..Petitioner -Versus- Nandakumar Nair and others. ..Respondents .......... Mr.Pankaj Vijayan i/b M/s Intra Legal for the Petitioner. Mr.P.G.Lad, for the Respondent No.3. Mr.S.D.Rayrikar, AGP, for the Respondent No.4. Smt.Shobhana Patil, for the Respondent No.1. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 05th July, 2011. P.C.: 1 The Petitioner’s Advocate could not dispute that in the light of the communication which he has received from the Estate Officer, Maharashtra Housing & Area Development Authority (MHADA), Mumbai dated 08.12.2009, the remedy to challenge the transfer and the acts of regularization or to impugn the transaction, itself is by filing a civil suit. Therefore, if anybody has wrongfully deprived the Petitioner of the premises and got the same transferred in his name by relying upon the conveyance, then, that act of the said private party first has to be challenged before a competent civil court. If a competent civil court gives declaration in favour of the Petitioner, then, the MHADA will have to abide by such declaration. Similarly, if the MHADA has transferred the right, title and interest in the building in favour of any co-operative housing society, equally, the co-operative housing society, namely, Nirmal Pragati Co-operative Housing Society, then, would abide by such *2* wp.1577.10.951.sxw adjudication and declaration. In these circumstances, the Petitioner will have to seek remedy elsewhere. If he approaches a competent civil court, it will duly consider the request of the Petitioner for excluding the time spent by the Petitioner in the proceedings before this Court and also, whether, benefit of Section 14(1) of the Indian Limitation Act, 1963 can be extended to the Petitioner. All contentions in that behalf, so also, on merits are kept open. 2 In such circumstances, the Writ Petition is disposed of on the ground that the Petitioner has alternate equally efficacious remedy available in law. No costs. (S.C. Dharmadhikari, J)