1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.6786 of 2008 Shri Kashinath Baburao Gaikwad & ors. Petitioners Vs. Municipal Coroporation of the City of Pune & ors. Respondents Mr.A.V.Anturkar with Mr.S.B.Deshmukh for petitioners. CORAM: B.H.MARLAPALLE & D.G.KARNIK,JJ. January 22, 2009. P.C. . We have heard the learned counsel for the petitioners. We have also noticed that the petitioner no.1 had filed Regular Civil Suit No.929 of 2002 and the same has been decreed on 3/7/2006. The notice dated 3/7/2002 has been held to be illegal, null and void by the trial Court. One of the petitioners has submitted a representation on 29/1/2008 to the Commissioner for Municipal Corporation of Pune and admittedly no fresh notice has been issued or order has been passed. At the same time the decree passed by the trial Court is not a subject matter of challenge in any pending appeal. . We are, therefore, of the view that as of now 2 there does not appear to be a cause of action to entertain this petition and the petitioner may take out appropriate proceedings if the Corporation issues fresh notice / order despite the suit having been decreed. . Hence the petition is disposed with liberty. (D.G.KARNIK,J.) (B.H.MARLAPALLE,J.)