1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 573 OF 2009 Marian House Co-operative Housing Society Ltd. & Ors. .. Petitioners Vs. Municipal Corporation of Greater Mumbai & Ors. Respondents Mr. B.Unnikrishnan, Advocate, for the petitioners. Mrs. S.A.Module, Advocate, for respondent Nos. 1 to 5. Mr. J.Reis, i/b. Mr. Shashipal Shankar, Advocate, for respndent No.6. CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. DATE : 2nd March, 2010. P.C. 1. Petitioner No.1 is a Co-operative Housing Society wherein one Mrs. Roshan Kadar Shaikh is a member, who is allotted flat No.A/3 on the ground floor, “A” Wing of the Petitioner-Society. Various grievances have been made by the petitioner herein to the Corporation about the purported illegal constructions done within the premises and outside the premises. 2. A reply has been filed on behalf of the Municipal Corporation by Shri Ravindra T.Sonavane. The said reply discloses that notice under Section 53(1) of 2 the MRTP Act has been issued to Junaid Kadar Shaikh, who is the son and no notice however has been served on Smt. Roshan Kadar Shaikh. 3. In the meantime, both Mrs. Roshan Kadar Shaikh and Junaid Kader Shaikh have filed a suit before the City Civil Court on 25.2.2009 which is pending. This petition has been filed on 26.2.2009 by the Society. 4. Considering the controversy, in our opinion, and after hearing the parties, on behalf of the Corporation,the learned Counsel submits that they will withdraw the notice issued to Junaid Kadar Shaikh and serve a fresh notice jointly on Mrs. Roshan Kadar Shaikh and Junaid Kadar Shaikh in respect of the complaints made by the Society. 5. Notice be served within four weeks from today. Needless to say that whatever defences the contesting respondents have, viz. Respondent No.6 and Junaid Kadar Shaikh, they will be entitled to raise such defences. The statement made on behalf of the Corporation is accepted. Nothing further survives in the petition which is accordingly disposed of. (J.H.BHATIA,J.) (F.I.REBELLO,J.)