IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4007 OF 2009 Javed Rahimtulla Mistry ..... ..... ...Petitioner V/s Chandrakant Tukaram Darwan & Anr. ..... ..... .Respondents. Mr.Sameer Tambekar, Adv. for the petitioner. Mr.Amit Shetye i/by Mr.Amit Borkar, Adv. for the Respondent No.1. CORAM: A.P.DESHPANDE, J. 24th November, 2009. PC: The plaintiff instituted a suit for perpetual injunction against the Kolhapur Municipal Corporation. In the said suit the present petitioner filed an application under order 1 rule 10 and rejection of the said application by the trial court has given rise to the filing of the present writ petition. According to the petitioner/applicant the plaintiff has encroached upon a portion of the joint family property of the applicant and is an encroacher. The structure raised by the plaintiff is in existence since last about 30 years. If the petitioner is aggrieved on account of encroachment made by the plaintiff he has independent remedy by way of suit. The question of alleged encroachment by the plaintiff on property owned by the petitioner/applicant cannot be adjudicated in a suit filed by the plaintiff. Perused the impugned order. Same does not suffer form any illegality much less patent warranting an interference in exercise of jurisdiction under article 227. Hence writ petition fails and is dismissed. 24.11.2009.