: 1 : wp.9150.2010.sxw vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9150 OF 2010 Nitin Laxman Vartak & Anr. ... Petitioners V/s. Nitin Jagannath Vartak & Ors. ... Respondents Mr.A.P. Kulkarni for the Petitioner Mr.V.A. Gangal for Resp. Nos.1 to 9 Mr.Vindu Pandey for the Respondent Nos.9 to 12 CORAM: S.C.DHARMADHIKARI, J. DATE: JULY 1, 2011. P.C.: 1. Heard both sides. Prima facie, the dispute as to whether the portion of the land is a road open to public or is a private access to the petitioners’ property is a matter, which cannot be gone into in the limited jurisdiction of this Court. The petitioners will have to approach the competent civil Court, which I am informed that they already have approached seeking such declaration in relation to the right, title and interest as is permissible in law. Nothing prevents them from applying for interim relief in such a suit before the competent civil Court. To enable them to do so, the ad-interim order is continued for a period of eight weeks but without prejudice to the rights and contentions of all the parties. 2. Writ Petition is disposed of accordingly. (S.C.DHARMADHIKARI, J.)