1 22-wp-8544-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj WRIT PETITION NO.8544 OF 2011 Municipal Officers, Worli Co-operative Housing Society Ltd. .. Petitioner. V/s. Haresh D. Gidwani & Another .. Respondents Mr. S. M. Gorwadkar, for the Petitioner. CORAM:- G.S.GODBOLE,J. DATED:- 30th NOVEMBER, 2011. P.C. 1 Heard Mr. S.M. Gorwadkar, for the Petitioner. 2 By the impugned order, in fact, Appeal filed by the Petitioner is allowed. The Petitioner has been permitted to remove garden/trees in accordance with law. For the time being, the Petitioner is required to spend some expenses. It is needless to state that all these expenses will be subject to the final out come of the dispute and the Petitioner can always make 2 22-wp-8544-2011.sxw appropriate amendment in the dispute to claim the expenses. Hence, the challenge to the impugned order at the instance of the Petitioner cannot be entertained. 3 In so far as the prayer for injunction is concerned, the Petitioner- Society has claimed damages and this is not admitted liability, and apart from this, the property is owned by the Petitioner-Society. Hence, no injunction is required. The prayer for appointment of Court Commissioner is also not required to be considered in view of the order which is passed by the Appellate Court. 4 Subject to the aforesaid clarification, Writ Petition is not entertained and is summarily rejected and disposed off. (G.S.GODBOLE,J.)