1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1127 OF 2010 Mohammed Abid Khatri. .... Petitioner. vs. The Municipal Corporation of Gr. Mumbai & Ors. ..... Respondents. Mr. R.R. Arolkar for petitioner. Ms. V.S. Gharpure for Respondent No. 1. Mr. A.I. Patel with P.G. Karande for respondent nos. 2 & 3. CORAM : J.N. PATEL, ACTING, C.J. & S.C. DHARMADHIKARI, J. DATE : 9TH JUNE, 2010. P.C. The petitioner has approached this Court in this writ petition complaining that the construction activity which has been commenced on plot bearing no. C.S. 3276 vitally affects the petitioner's rights in respect of his property/plot bearing C.S. No. 3277. The petitioner has complained that the construction activity including excavation work vitally affects his rights in the property including easementary rights and enjoyment of free air and 2 light and ventilation. 2. We are afraid such issues cannot be adjudicated in writ jurisdiction particularly when the Writ Court cannot record a finding of fact as to whether the construction activity commenced and carried on by the neighbouring plot owner obstructs free flow of air and light and affects the easementary rights of the petitioner. Such issues or disputed questions of facts are best left open for adjudication by the competent civil court. This writ petition is, therefore, dismissed. Needless to state that the petitioner is at liberty to file a civil suit in a competent court. (J.N. PATEL, ACTING, C.J.) (S.C. DHARMADHIKARI, J.)