IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 88 OF 2009 Mr. Mukesh B. Kanakia. ... Petitioner. V/s. Thane Municipal Corporation & Ors. ... Respondents. Mr. Naushad Engineer i/b. M/s. Vimadalal & Co. for the Petitioner. Mr. A.R. Pitale for Respondent 1. Mr. S.U. Dhakephalkar for Respondent 3. Mr. N.P. Deshpande, AGP for Respondent 5. CORAM : SWATANTER KUMAR, C.J. & S.C. DHARMADHIKARI, J. DATED : 02ND JULY, 2009. P.C. :- The learned Counsel appearing for the Respondent Nos. 1 and 2 has filed affidavit stating that Respondent No.4 has already filed a Suit in the Court of Civil Judge, Senior Division, Thane against the Corporation which is pending. Keeping in mind the nature of the controversy involved in the present Writ Petition, we dispose of this Petition with liberty to the Petitioner to move an application for impleadment in the Suit and intervene in the same in accordance with law. However, the order passed by this Court regarding construction being subject to the order and decision in this Writ Petition shall continue for four weeks from today. As we are of the prima facie view that the Applicant would be a proper party, it is not necessary to go into the facts and circumstances of the case. Subject to such orders, Writ Petition is disposed of. CHIEF JUSTICE S.C. DHARMADHIKARI, J.