rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1883 OF 2008 WRIT PETITION NO.1883 OF 2008 WRIT PETITION NO.1883 OF 2008 ....................................................... Office Notes, Office Memoranda . of Coram, appearances, Court’s . Orders or directions and . Registrar’s Order Court’s or Judge’s Order ....................................................... Mr.J.A.Sawant for the Petitioner. None for the Respondents. CORAM : J.N.PATEL AND CORAM : J.N.PATEL AND CORAM : J.N.PATEL AND S.S.SHINDE, JJ. S.S.SHINDE, JJ. S.S.SHINDE, JJ. DATE : 24TH MARCH, 2008. DATE : 24TH MARCH, 2008. DATE : 24TH MARCH, 2008. P.C.:- P.C.:- P.C.:- . Mentioned, not on board. 2. The learned counsel for the Petitioner submits that the Petition is field in extra ordinary jurisdiction to seek the relief of removal of unauthorised construction on her property by rank trespasser. In our view, the Petitioner has an alternative remedy to approach the Civil Court. 3. The learned Counsel for the Petitioner submits that the Petitioner is 75 years old lady and is being 2 threatened of dire consequences. We therefore permit the petitioner to withdraw the Petition and approach the Civil court of competent jurisdiction in the matter. Needless to say that the Petitioner being 75 years old lady, the Civil Court shall deal with the matter on priority basis. The Petitioner is permitted to withdraw the petition with liberty. The petition is dismissed as withdrawn. (J.N.PATEL,J.) (J.N.PATEL,J.) (J.N.PATEL,J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.)