IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3700 OF 2009 Shri Sunil Ashokrao Sutar .. .. Petitioner v/s. The State of Mah. & ors. .. .. Respondents Mr.Amit Sale for Petitioner. Mr.S.R. Nargolkar, AGP for Res.Nos.1 to 3. Mr.A.V.Anturkar i/by Mr.Sugandh B. Deshmukh for Res.No.4. ----- CORAM : BILAL NAZKI & V.K. TAHILRAMANI, JJ. DATED : 6th July, 2009 P.C.: 1.This Petition is another case of trying to abuse the process of law. It appears from the pleadings that father of the Petitioner owns certain property which is in his occupation as a tenant of some other person. The Municipal Council issued a notice to the occupier of the premises informing him that he had encroached the property and, therefore, why the said property should not be demolished. The said person filed a Suit which was dismissed. He carried an Appeal and the Suit was decreed. Admittedly, as on today, the Notice issued by the Municipal Council stands set aside by the competent Court of law. Now, what the Petitioner could not obtain or achieve by moving the Municipal Council and what was denied to the Council itself by a Civil Court is sought to be achieved through this Writ Petition. 2.Notices on the basis of which the Petitioner wants action to be taken against a person, who has not been made even a party to this Petition, have already been set aside by a Civil Court. The prayers made are curious as one of the prayers is to take disciplinary action against Respondent No.4 in accordance with law on the ground that they did not choose to file a Second Appeal. This Court would not be in a position to appreciate whether a Second Appeal should have been filed or not and in any case, this Court cannot direct filing of a Second Appeal. If the Petitioner himself was aggrieved by the judgment of the Appellate Court, he can move the High Court as an aggrieved person can move High Court with leave of the Court. 3.For the aforesaid reasons, we do not find any merit in the Petition and it is accordingly dismissed. [BILAL NAZKI, J.] [V.K. TAHILRAMANI, J.]