IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 348 OF 2009 Anthony Christoper Pereira ... Petitioner Versus Mumbai Municipal Corporation and others. ... Respondents Ms. K.P. Reshma Ravi i/by Mr. K.P. Ravi for the petitioner. Mr. R.D. Mishra for the respondent Nos. 2 to 7. Mr. R.J. Mane, Assistant Government Pleader for the State. Ms. Geeta Jogalekar for the BMC. CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J. DATED : 16TH SEPTEMBER, 2009 P.C. We have heard the learned counsel appearing for the parties. 2. The petitioner in this petition under Article 226 of the Constitution of India prays for issuance of an appropriate writ and/or direction to the Municipal Corporation to demolish the structure being raised by the respondent Nos.2 to 7 constituting the first floor of Istunias House No.1 and 2 respectively situated in C.T.S. Nos.183 and 177 at Vikhroli Village, Mumbai. 3. Respondent Nos.2 to 7 claim to be tenants of the said property and have already filed the suit before the City Civil Court being Suit No.3158 of 2005. An ad-interim injunction has been passed in favour of the plaintiff and the notice of motion is pending for final disposal. According to respondent Nos.2 to 7, they are the tenants and have a substantive right in the property in question. According to the petitioner, the said Respondents have been inducted by one of the co-owners without proper authority and consent of the other co-owners. According to them, the suit structure is illegal and unauthorised and should be demolished. 4. The respondent Nos.2 to 7 have moved an application to the Corporation for regularisation of the structure in accordance with law. The said application is stated to be pending before the Corporation. The application submitted by the respondent Nos.2 to 7, as alleged, is not in accordance with the rules. They are at liberty to comply with the deficiency within two weeks from today and if the deficiencies are not complied, the Corporation will be at liberty to pass appropriate orders but in either of the events, after hearing the present petitioner on the claim made by him in regard to the unauthorised structure because of lack of documents or for such other reasons. The order so passed will be without prejudice to the rights of the parties. The Corporation is directed to take decision after hearing the parties within four weeks from the date of filing of the application. Upon such order being passed, nothing would survive in the pending Suit. In any case, the Corporation would be at liberty to proceed with the orders to be passed by the Corporation hereafter in accordance with law. Writ petition stands disposed of. No order as to costs. CHIEF JUSTICE A.M. KHANWILKAR, J.