6.wp.187-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITON NO.187 OF 2009 CVK and Associates. ..Petitioner. Versus Municipal Corporation of Greater Mumbai, and others. ..Respondents. .... Mr.Y.S. Divekar, Advocate a/w. Ms.Uargi Bhagwat, Advocate i/b. Divekar & Co. for the Petitioner. Mrs.Shobha Ajitkumar, Advocate for respondent Nos.1 to 4. Mr.Niranjan Pandit, Advocate a/w. Ms.Vijayalaxmi Kulkarni, Advocate i/b. Nanu Hormasjee & Co. for Respondent No.5. .... CORAM : F. I. REBELLO & A.R. JOSHI, JJ. DATED : MARCH 05, 2010. P.C. 1. The petitioner has come to this Court contending that the respondent No.5 had put up illegal construction. Respondent No.5 claims rights in respect of which the petitioner also claims to be a co-owner. 2. An affidavit has been filed by Mr.Sandeep J. Mhasavade, Assistant Engineer of respondent No.1. It is set out that in respect of the unauthorized work carried out by respondent No. 5, respondent No.5 had submitted an application for 6.wp.187-09 2 regularization beyond the approved plan within the permissible FSI of 2.5 and other unauthorized changes. The say was considered by the various authorities and the Municipal Commissioner has accordingly sanctioned the regularization of the work beyond approved plan. It is also pointed that the petitioner himself had applied for regularization for additional alteration on the first floor on 22.8.2008 and the same is refused by the office of the Corporation by letter dated 27.8.2008. Considering the fact that the respondent Nos.1 & 2 have regularized the work carried out by respondent No.5 and as it appears that the complaint of the petitioner is as a co- owner against another co-owner, it should not be a fit case to exercise our extraordinary jurisdiction. In the light of that, the petition is rejected. (A.R.JOSHI, J.) (F.I. REBELLO,J.)